Encyclopaedia Britannica, 11th Edition, "England" to "English Finance" / Volume 9, Slice 4

by Various

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

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

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

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

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

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

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

Under the Sale of Food and Drugs Acts certain important duties devolve upon medical officers and inspectors of nuisances who are officers of district councils. But for the most part the acts do not impose upon district councils themselves Adulteration. 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 Rivers pollution. Pollution Prevention Act 1876 have been incidentally noticed when dealing with county councils, whose powers under the acts are precisely the same.

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