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 Police. of less than 20,000 a separate police force. The subject of police is separately treated in the Encyclopaedia Britannica, and it is not necessary to supplement what is there stated. Under an act of 1893 the borough police may, in addition to their ordinary duties, be employed to discharge the duties of a fire brigade.
The powers and duties of a borough council in the Municipal Corporations Act do not arise or exist to any great extent under that act. In a few cases, those namely of county boroughs, the councils have the powers of county councils. In the quarter sessions boroughs other than The district and the district council. 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
Constitu-tion of district councils.
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
United districts.
Government Board has power to unite any number of
districts or parts of districts into what is called a united
district for certain special purposes such as water-supply,
sewerage or the like. This is done by means of a provisional order
made by the board and confirmed by parliament. In such a united
district the governing body is a joint board constituted in manner
provided by the order, and it has under the order such of the powers
of a district council as are necessary for the purposes for which the
united district is created. Thus a joint sewerage board would
generally be invested by the order with all the powers of a district
council relating to the provision and control of sewers and the
disposal of sewage. It may also be convenient here to mention
Port sanitary authority.
Powers of urban and rural councils compared.
another special kind of district authority, that is, a
port sanitary authority. It is also constituted by order
of the Local Government Board, and it may include one
or more sanitary districts or parts of districts abutting
upon a port. In this case also the authority consists of such members
and is elected in such manner as the order determines, and it has
such of the powers of an ordinary district council as the order may
confer upon it. These relate for the most part to nuisances and
infectious disease, having special reference to ships. It has been
thought convenient to deal here with district councils, whether
urban or rural, together, but the powers of the former
are much more extensive than those of the latter, and
as the consideration of the subject proceeds it will be
necessary to indicate what powers and duties are conferred
or imposed upon urban district councils only.
It must be pointed out, however, that when the necessity
arises for conferring upon a rural district council any of the powers
exercisable only by an urban district council, that can be done by
means of an order of the Local Government Board. The necessity
for this provision arises because it sometimes happens that in a
district otherwise rural there are some centres of population, hardly
large enough to be constituted urban districts, which nevertheless
require the same control as an urban district.
A district council may from time to time make regulations with respect to summoning, notice, place, management and adjournment of their meetings, and generally with respect to the transaction and management of their business. Three members must be present to constitute a quorum. At the Business and 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.
