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40
Right of consent to the stopping up or diversion of highways
and the repair and maintenance of public footpaths under
certain conditions. [ Sec. 13.]
Power to appoint additional trustees on the governing body of
a parochial charity, other than an ecclesiastical charity,
where such body does not include any persons elected by
the ratepayers, or by a popularly elected body. [Sec. 14
(3) and (5).]
Power to use school-rooms and other rooms maintained out of
Parliamentary grants or local rates for certain specified
purposes free of charge. [Sec. 4.]
By Section 5 of the Act the legal interest in all property
vested either in the Overseers or in the Churchwardens and
Overseers of a rural parish, other than property connected with
the affairs of the Church, or held for an ecclesiastical charity,
become vested in the Parish Council, subject to all trusts and
liabilities affecting the same. I do not find, however, that the
Local Government Board have sufficient power under Section
33 to transfer to the Vestry the property vested in the
Churchwardens and Overseers (e.g., the Marshall Street houses);
although possibly the power of disposing of such property might
be conferred upon the Vestry, subject to certain restrictions, as
in the case of a Parish Council under Section 6 (1) (d). Should
the Vestry resolve to apply for an Order under section 33 for any
of the powers which I have mentioned in this report as possessed
by a Parish Council, it might perhaps be advisable to include in
the application the transfer of the legal interest in the property
vested in the Churchwardens and Overseers, in case the Board
are advised they have power to transfer such interest.
The subject was thoroughly considered by the Vestry,
and instructions were given for an application under the
Common Seal of the Vestry to be made to the Local
Government Board to confer on the Vestry the powers
above referred to. The subject had not been determined
by the Board at Lady-day.