HL Deb 08 February 1894 vol 21 cc193-7

Clause 72 (First elections to Parish Councils).

On the Motion of the Earl of Kimberley, the following Amendments were agreed to:— In page 54, lines Hi and 17, leave out the words ("by the rules for the") and insert the words ("by or under this Act for the first.") Line 24. after the word ("Councillors") insert ("and the first chairman of a parish meeting.")

Clause, as amended, agreed to.

Clause 73 (First elections of Guardians and District Councils.)

On the Motion of the Earl of Kimberley, the following Amendments were agreed to:— After line 31, insert, as a new sub-section —"Where a parish is divided by this Act into two or more new parishes, then, subject to any order made by the County Council, there shall be one Guardian, and if it is in a rural district, one District Councillor for each of such new parishes. Page 55, line 8, after ("ninety-six") insert ("and on the 15th day of April one thousand eight hundred and ninety-seven"). Page 55, line 31, after ("the") insert ("persons who are at the passing of this Act"). Line 34, after ("qualification") insert ("as if the term of office for which they were elected expired on that: day, and except for the purpose of tilling casual vacancies, no further elections shall be held").

*LORD BALFOUR OK BIRLEIGH

moved, in page 55, line 37, to leave out Sub-Section (9).

Motion agreed to.

On the Million of the Lord CHAN-CELLOR the following Amendment was agreed to: — In page 56 line 3, at end of clause, insert as a, separate sub-section ("The Overseers of any parish divided by this Act shall, until the first appointment of Overseers next after the appointed day, continue in office as it they were Overseers of each part of the said parish, which, by reason of such division, becomes a separate parish").

Clause, as amended, agreed to.

Clause 74 (Power of County Council to remove difficulties).

LORD BALFOUR OF BURLEIGH

said, the object of all his Amendments were to carry out previous decisions of the Committee.

Amendments moved, In page 56, line 6, leave out from ("Guardians"') to ("or") in line 8. Line 9, leave out from ("Guardians") to the first ("or") in line 10. Line 12, leave out ("or Local Board or Vestry"). Line 13, leave out from ("constituted") to ("the") in line 15. Line 18, leave out from ("Guardians") to ("and") in line 19.—(The Lord Balfour of Burleigh.")

Amendments agreed to.

On the Motion of the Earl of KIMBERLEY, the following Amendment was agreed to:— At end of clause insert, as a new sub-section—"The Local Government Board shall make Regulations for expediting and simplifying the procedure under Section 57 of the Local Government Act, 1888, in all cases in the year 1891, for the purpose of bringing this Act into immediate operation, and such Regulations may dispense with the final approval of an Order by the County Council in cases where the prescribed notice of the proposed Order has been given before it is made by the County Council.

Clause, as amended, agreed to.

Clause 75 (Existing officers).

LORD BALFOUR OF BURLEIGH

said, that at the end of the first line of Sub-section (1) it was provided that whore the powers and duties of any authority other than Justices were transferred the authorities were to receive compensation. Ho wanted to ask why the Clerks of Justices were left out in the event of any of the duties which they discharge being transferred?

THE LORD CHANCELLOR (Lord HERSCHELL)

The Justices arc gone.

LORD BALFOUR OF BURLEIGH

said, if they were not wholly gone it was proper that the interests of their servants should be looked after. The Clerks to the Justices ought not to be left out in the cold.

THE MARCHESS OF RIPON

said, he would consider the question.

On the Motion of the Earl of KIMBERLEY the following Amendments were agreed to:— In page 56, lines 36 and 37, transpose ("then notwithstanding the foregoing provisions of this Act") to follow ("parish") in line 37. Page 57, line 10, after ("value") insert ("at the commencement of the local financial year next after the passing of this Act"). Line 12, after ("repealed") insert ("as from the appointed day").

LORD BALFOUR OF BURLEIGH

said, a similar point to what he had just raised arose on Sub-section 5 of t he clause. Clerks to highway districts were apprehensive that their interests were not sufficiently protected.

*THE MARQUESS OF RIPON

said, the point should be looked into.

On the Motion of the Earl of KIMBERLEY, the following Amendment was agreed to:— In page 57, line 21, after the word ("fund") insert the words ("and any expenses incurred by any other authority in pursuance of this section shall be paid out of the fund applicable to payment of the salary of the offices affected").

Clause, as amended, agreed to.

Clause 76 (Provision as to highways).

LORD BELPER

said, the clause did not appear to give power directly to the District Council to repair road and so on.

He therefore moved— In page 57, line 29, after the word ("district,") to insert the words ("and failing such highways being placed in proper repair to the satisfaction of the District Council, the District Council may themselves place the highways in proper repair").

Amendment agreed to.

Clause, as amended, agreed to.

Clause 77 (Duty of County Council to bring Act into operation), agreed to.

Clause 78 (Appointed day).

The following Amendments were agreed to:— Page 58, line 38, after ("day") insert ("or respective days"). Line 39, after ("Act"), insert ("or such prior day as may be necessary for the purpose of giving notices, or doing other acts preliminary to such elections"). Line 40, after ("Act"), insert ("or other matters not specifically mentioned"). Page 59, line 15, at end of clause insert ("Provided that, where an Order of a County Council postpones the operation of the section with respect to highways as respects their county, or any part thereof, the day on which such postponement ccases shall, as respects such county or part, be the appointed day").

Clause, as amended, agreed to.

Clause 79 (Current rates, &c.)

The following Amendments were agreed to:— Page 59, line 15, after ("passed"), insert ("but at such dates after the appointed day as the Local Government Board may fix"). Line 15, after ("every"), insert ("authority, committee, or")

Clause, as amended, agreed to.

Clause 80 (Saving for existing securities and discharge of debts).

On the Motion of the Earl of KIMBERLEY, The following Amendments were agreed to:— Page 59, line 36, after ("Council") insert ("or parish meeting"). Line 39, after ("Council"), insert ("or parish meeting"). Line 40, after ("Council"), insert ("or parish meeting").

Clause, as amended, agreed to.

Clause 81 (Saving for existing byelaws) agreed to.

Clause 82 (Saving for pending contracts, &c.)

On the Motion of the Earl of KIM-BERLEY, the following Amendments were agreed to:— In page 60, line Hi. after ("Council") insert ("or parish meeting"). Line 21, after ("Council") insert ("or parish meeting"). Line 27, after ("Council") insert ("or parish meeting"). Line 28,after("Council") insert ("or parish meeting").

Clause, as amended, agreed to.

Clause 83 (Repeal of Acts) agreed to.

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