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A special meeting of the Parish Council was held in the vestry room at 7pm "To
consider means to be taken for the removal of house refuse and other matters."
Present Mr W.H. Lock in the chair, Major Winter, Messrs C. Pidler, J
Easterbrook
A. Pidler, W.A. Easterbrook, Turner and W. Pidler.
The minutes of the last meeting were read and signed.
The following letter was read by the Chairman from Mr Toller
Barnstaple 14th Aug 1899
Dear Sir
On the other side I send you a copy of the answers to your questions which
appears in the "Justice of the Peace" of the 12th inst.
Yours faithfully
W.H. Lock Esq. W.H. Toller
The following are the questions asked:-
The opinions of the Editor of the Justice of the Peace is asked upon the
following points.
Under Sec 42 of the Public Health Act 1875 a Local Authority may (inter alia)
contract for the removal of House Refuse from premises.
Under Sec 202 Public Health Act 1875 a Local Authority may delegate certain
powers to a parochial committee.
By sec 15 of the Local Government Act 1894 the Local Authority may delegate to
a Parish Council any power which they might have delegated to a parochial
committee.
Can a district Council delegate to a Parish Council the power to enter into
contract for the removal of house refuse, the Parish Council reporting their
expenditure for that purpose to the District Council for that body to take the
necessary steps for charging it on the parish.
Should this course not be practicable how would you suggest that a Parish
Council should set about the removal of house refuse and how is the expense to
be placed on the rates?
Copy Answer
The local authority may delegate this power or duty to the Parish Council. It
is a power which the local authority could exercise within the parish and
therefore one which may be delegated. The Parish Council will of course be
subject to any regulations and restrictions of the District Council.
It was moved by Mr C. Pidler seconded by Mr A. Pidler that the Clerk write to
the District Council respecting the same and the following is a copy of the
letter sent:-
Instow 24th Aug 1899
Dear Sir
Parish of Instow
The house refuse of this place has for some years been a source of annoyance
as householders either have had it removed to the beach or allowed it to
accumulate in the ash pits to the detriment of their wells and premises
generally. About 12 months since an arrangement was come to with a contractor
for removing the refuse weekly and the necessary funds were collected by
subscription. The removal has been regularly attended to and it has proved a
great convenience and the householders are anxious that the work shall be
continued but the funds needed cannot be again collected by subscription and
it is felt that the charge should come on the rates. It does not appear that
the Local Government Act of 1894 gives power to a Parish Council to charge the
rates for such a purpose but the Public Health Act 1875 enables a District
Council to contract for the removal of house rubbish and under the same act a
District Council may delegate the power to a parochial committee whilst the
local Government Act 1894 gives the same power to delegate to a Parish
Council. Under the circumstances mentioned I am directed by the Instow Parish
Council to apply to the District Council and request that body to delegate to
the Parish Council the power to enable them to deal with the house refuse in
the village.
The annual sum required for the expense would probably not exceed £20.
I am Sir
Your obedient Servant
W.H. Toller Esq. J.P. England
Clerk to the R.D. Council Clerk to the Parish Council
The following letter was also read from the owners and occupiers of "Kiln
Close Road" asking the opinion of the Parish Council as to whether the road
should be made a parish road:-
Re Kiln Close Road Instow
To the Chairman and members of the Parish Council
We the undersigned owners or leaseholders or occupiers of the lands adjoining
the above named road situate in the Parish of Instow desire to call your
attention to the peculiar position of the road in question. They wish to point
out that it is greatly used by traffic coming into the parish from Barnstaple
to the convenience and advantage of its inhabitants and that it is also
greatly used for parochial traffic by residents in the parish, who neither of
them contribute to the repair thereof.
They therefore desire the opinion of the Parish Council.
The road it is believed was built originally by the Rolle Estate, but your
suppliants can form no idea of it still remains a private road, or if in
course of time has become a public one, in which case as the parish has now
the benefit thereof, it seems reasonable that what is used by all directly or
indirectly should be repaired and maintained by all. We leave this
consideration to your sense of justice
and remain yours obediently
Thos E. Pinkett
J.B. White
E.H. Jessop
Emeric O. Nicholls
Gilbert Gorton
William Bellew
Christopher Pidler
It was moved by Mr Lock seconded by Mr C. Pidler and carried unanimously that
"the Parish Council consider that the road in question being of great public
utility it should be made a Parish road" and the Clerk was instructed to write
to the Rev J.B. White. The following is a copy of the letter sent.
Instow 24 Aug 1899
Dear Sir
Re Kiln Close Road
Your letter with the communication signed by the respective owners and
occupiers abuting on the road has been laid before the Parish Council and it
was unanimously resolved that " The Parish Council consider that the road in
question being of great public utility it should be made a parish road.
I am Sir
Your obedient Servant
J.P. England
Rev. J.B. White Clerk to the Parish Council
W. Henry Lock |
