Early legislation relating to street lighting, baths and washhouses, burial of the dead, public libraries and "public improvements" in England and Wales, reflected Parliament's suspicion of local democracy and distrust of local authorities. Powers granted were subject to local adoption of the legislation and Parliament imposed restrictions regarding both the adoption procedure and the exercise of powers after adoption, the extreme case being the Public Libraries Act, 1850. Removal of the restrictions and simplification of the adoption procedure occurred only gradually and the adoptive principle was not finally abandoned until 1972.
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References
1.
Minto, J. A history of the public library movement in Great Britain and Ireland. George Allen & Unwin Ltd., and the Library Association, I932. (The Library Association Series of Library Manuals, IV.) Chapter V.
2.
Munford, W. A. Penny rate: aspects of British public library history, 1850-1950. Library Association, I95I. Chapter IV.
3.
The "open" or "common" Vestry was the traditional assembly of all ratepayers. The "close" or "select" Vestry had evolved over the centuries as a working substitute—it was a kind of "standing committee" or "council", in some cases elected by the ratepayers, in others self-elected and self-perpetuating. Hobhouse's Act of I83I did something to democratize and otherwise reform the corrupt 'close' Vestries of the Metropolis. (See Keith-Lucas, B.The English local government franchise. Basil Blackwell, 1952. 30-34).
4.
Redlich, J., and Hirst, F.W.The history of local government in England: being a reissue of Book 1 of Local government in England; ed. with introduction and epilogue, by Bryan Keith-Lucas.MacMillan & Co. Ltd., 1958. 145.
5.
Keith-Lucas, B.The English local government franchise: a short history. Basil Blackwell, 1952. 201-202.
6.
Ibid. 202.
7.
The Museums Act, I845 (8 & 9 Vict.c.43) had been restricted to Boroughs of over I0 000 population. It did not apply to Parishes and, in Boroughs, power was limited to the acquisition, provision and upkeep of lands and buildings. Expenditure was restricted to the product of a halfpenny rate and no authority was given for the purchase of works of art or specimens. The Act was repealed by the Public Libraries Act, I850, which enabled the larger Boroughs to provide both libraries and museums.
8.
Local Government Act, I933 (23 & 24 Geo. 5.c.5I.s.305).
9.
Burial of the dead was not wholly dependent on the adoptive Burial Acts. A "burial ground" by legal definition had a portion consecrated by the Bishop of the diocese but the Public Health (Interments) Act, I879 (42 & 43 Vict.c.3I) gave local authorities power to provide "cemetaries" which involved no such stipulation.
