West Riding County Council Clerk's Department

The following source list was originally available only on paper in one of the West Yorkshire Archive Service offices. It may have been compiled many years ago and could be out of date. It was designed to act as a signpost to records of interest on a particular historical subject, but may relate only to one West Yorkshire district, or be an incomplete list of sources available. Please feel free to add or update with any additional information.

The Clerk of the County Council was established as a dual post with the Clerk of the Peace and the staff of the Clerk of the Peace Department became members of staff of the Clerk Department of the County Council.

Certain duties of the Clerk of the Peace were combined with those of Clerk of the County Council. However, the Clerk of the Peace dealt mainly with the administrative side of the procedures and undertakings of the courts of the Quarter Sessions. Under the Local Government [Clerks] Act, 1931, the office of Clerk of the Peace could be separated from that of Clerk of the County Council but could continue as a dual position if agreed.

There were no statutory qualifications required in order to be Clerk of the County Council, however the office did demand a high standard of legal qualification [usually a solicitor] and administration ability with relevant experience. The Clerk of the County Council was the principal administration officer and his duties were carried out in accordance with the directions of the council. He co-ordinated, gave guidance and instruction to various departments when required.

The duties of the Clerk of the County Council included acting as returning officer for Parliamentary elections and as officer responsible for the registration of electors in the county. In addition, the Clerk was responsible for the custody of all county records and documents.

The Clerk of the County Council was also solicitor to the council and acted as their legal advisor, conducting all legal work of the council, including Parliamentary work.

Committee structure was such that committees were comprised of members of the county council who represented a relevant department. These Committees created Sub-Committees where required, to discuss and decide matters such as a royal visit. A Royal Visit Sub-Committee would be appointed to discuss arrangements; these would then be presented to the Committee to be sent for approval and comment to the county council.

Initially seven Standing Committees were developed; these were the Finance, Asylums, Highways, Diseases of Animals Act, General Purposes, Sanitary and the Legal and Parliamentary Committees. Added to these later were the Smallholding Committee [1892 – 1898] and the Education Committee from 1903.

By 1965 there were 12 Standing Committees and 100 Sub-Committees. A representative from the Clerk’s Department [if not the Clerk himself] would be present for each meeting and take minutes. The Clerk was called upon in all Committees to draft and complete contracts, documents and agreements.

The Clerks Department was structured on a sectional basis and communication between sections was by internal minute. Every section was under the direct supervision of the Clerk, one of his deputies or one of the 4 assistant solicitors. These sections dealt with the daily administration of their related WRCC Department, the following sections are summaries of the duties carried out within the WRCC Clerks Department.

Highways Section

The duties of this section included conducting legal formalities relating to the acquisition of land by dedication for highway purposes up to the value of £250. A District Evaluator was brought in to negotiate prices and terms, upon his report being received, investigations would be made on the title of land to be dedicated and the formal and final deed eventually drawn up.

The drafting and completion of deeds of easement affecting the drainage of roads, leases and agreements affecting roads and bridges were also part of the duties of this section, as was the making of traffic orders and speed limits.

The Highways Section dealt with the displaying of public notices, notices served on owners, objections and representations received including footpath related issues, some of which had to be resolved by negotiation or by hearings or appeals to Quarter Sessions.

This section also dealt with insurance claims relating to damage to highways property and materials and the making up of private streets. This would include notices to the public and press, objections, costs and the recovery of expenditure to landowners.

Finance Section

This section was seen as the most important as it collated the financial recommendations of the Standing Committees and submitted these recommendations for consideration to the County Council. The county council would then either adopt or reject the recommendations made in the report.

This section also dealt with matters relating to the registration service for births, deaths and marriages. The registrar performed their duties according to the directions issued by the Registrar General but they were under the immediate control and supervision of the Clerk. As a result, the Finance Section undertook the day-to-day administrative work involved in the overall organisation of the service throughout the county [21 registration districts in total].

The section also had a similar role with the Coroner [there were 2 full-time and 4 part-time]. Questions arising with regard to the appointment, salary and office accommodation of the Coroners and their staff were dealt with by this section.

General Purposes Section

As the General Purposes Committee was not related directly to any single department, administrative work in this section far exceeded the work involved in convening meetings of Committees and Sub-Committees and the recording of their decisions [for example, the Town Planning Section dealt with the administrative work connected with the resolutions of that Committee, the Highways Section with highways matters etc, the General Purposes Section had no such relationship with any particular department].

The section was responsible for all administrative matters relating to Police, Coroners and Registrars offices.

County Hall and other outside offices in Wakefield were under sectional control and the General Purposes Section maintained the sickness and staffing records of over 100 cleaners, commissionaire and portering staff. It controlled other buildings not under the control of any other Standing Committee [staff club, sports ground etc]. Any surplus properties were returned to the General Purposes Committee who arranged with the Conveyancing Section of the Clerk’s Department for the property to be offered for sale by public auction. This section also circulated particulars of property offered for sale or leasing to the County Council.

The licensing of premises for the public performances of stage plays, cinemas and betting facilities, registration of theatrical employees, performing animals and the maintenance of an index of all charities operating in the County were also dealt with by the General Purposes Section.

The section was concerned with the preparation of orders for the alteration of ward boundaries, the establishment of parish councillors, the grouping of parishes for representation purposes and the holding of any local enquiries.

Health Section

The committee work of the Health and Children’s Committees and Sub-Committees [including Welfare Sub-Committees and Ambulance Sub-Committees] were dealt with by this section. This section also dealt with the registration and licensing of persons entitled to sell poisons, of establishments producing milk, private nursing homes and day nurseries and the registration of privately run homes for the elderly and disabled people.

Planning Section

This section dealt with the Committee work of the Town and County Planning Committee, this includes the administrative action taken relating to County Development Plans and town maps once prepared by the County Planning Officer. These drafts were submitted to the District Councils concerned for consultation and then onto the Minister of Housing and Local Government. Any objections received and not withdrawn after negotiation were then the subject of local enquiries. [The solicitor of the Clerks Department represents on these enquiries].

This section was also concerned with drafting enforcement notices relating to unauthorised developments and advice is sought from the section by the County Council on planning matters.

Fire Service Section

A small section of the department dealt with Fire Service Committee work, which also dealt with similar work in relation to County Civil Defence.

Smallholdings Section

Dealt with the work of the Committee and the preparation and completion of legal documents arising out of the management of some 14,000 acres of land. The work of this section includes tenancy agreements [both agricultural and dwelling house], licences to graze, easements of all descriptions and statutory notices. The Smallholdings Committee was also the statutory committee for diseases of animals. [The police acted as County Council Inspectors for the Diseases of Animals Act].

The duties of the Clerk were both advisory and executive in nature. The orders are designed to prevent the spread of disease [e.g. foot and mouth], to control importation and exportation of certain animals and ensure the correct cleansing and disinfection of markets and vehicles transporting animals. The section was responsible for the enforcement of these orders and their work included posters for publicity. When disease was declared by the Minister [MAFF] in an area, they issued licences for the holding of stock markets and farm sales. A record of each outbreak of notifiable disease was maintained and reports made to the Smallholdings Committee.

County Supplies Section

This section dealt with the opening of quotations or tenders. A clerk in the section was designated to open and record in a special register each quotation received in accordance with a procedure approved by the District Auditor. The object of this was to permit the daily opening of quotations and the avoidance of delay, which would occur if thousands of quotations had to await attendance of a member of the committee or the convening of a Sub-Committee for the purpose.

Education Section

This section was previously referred to as a ‘Technical Section’. This was a large section as there were 28 Sub-Committees whose meetings were attended by representatives of this section and prepared their minutes.

Duties of the section include contracts for major and minor works, agreements for movement of children and school meals, leases and tenancy agreements. Due to the large number of contracts for major and minor works, this section employed an expert [1963] from the Clerks Department on Compulsory Purchase Order procedures.

Litigation Section

Civil claims pursued by and against the County Council were dealt with by this section once it was clear that negotiation could not be reached.

The relationship between this section and the other sections of the Clerks Department was that of solicitor and client and the section was under the personal supervision and direction of the Clerk.

There were times when actions reached the Assize Courts or Royal Courts of Justice and also proceedings in various County Courts. The actions taken in County Courts were primarily for the recovery of monies owing to the County Council or tenants refusing to vacate a property.

Conveyancing Section

This section also had a relationship likened to that of solicitor and client. The section was responsible for the preparation of the legal documents relating to the purchase of land and property for all County Services.

The sale of all real property which was surplus to requirements passed through this section and in the majority of cases was sold by public auction.

This section also dealt with tithe redemption annuities.

Clerk of the Peace

The Committee related to this section was the Police Authority. Duties included the preparation of agendas, minutes, reports, contracts and leases all connected with police buildings and administration.

The greater part of the work undertaken in this section differed greatly from that carried out in other sections of the Clerks Department in that the Clerk of the Peace was also Clerk to the Magistrates Court Committee. [A Committee of J.P’s which is responsible for all matters relating to the staffing and running of the Magistrates Court, the Area Probation Committee].

The Clerk here was also Clerk to the County Compensation Committee and the Lord Lieutenants Advisory Committee.

Apart from this committee work, the section was concerned with the work of the Quarter Sessions.

Local Land Charges

In 1925 the County Council were required to set up a register of local land charges affecting land within the County and a Local Land Charges Section had to be established.

The Clerk was responsible for the maintenance of the register and acted as registrar. Before a property could be conveyed, the solicitor acting on behalf of the purchaser had to conduct a search of the register and the registrar had to disclose any charges that affected the property such as restrictions and charges to pay. The Local Land Charges registers are now held at Plymouth. See also the Law and Parliamentary section for further information on the Registry of Deeds.

Law and Parliamentary Section

The work of this section can be broadly divided into 2 main sections;

1) Consideration by the County Council of Parliamentary Bills and Orders both public and private which affected the West Riding.

2) The preparation of all Bills which the council may decide to promote and ensure that they complied with the Standing Orders of Parliament and the Local Government Act, 1933.

This section was also concerned with the making of County By-laws and the suppression of nuisances. Action was taken on behalf of Parish Councils in connection with the compulsory purchase of land for recreation and burial grounds.

The responsibility of the custody and preservation of the older records of the County Council also fell under the remit of this section, for example, Turnpike Trusts, enclosure and deposited plans and Quarter Sessions records.

A further duty of this section was to maintain and complete an up-to-date set of the current Statute Law of the Country.

This section also collated information required by the Local Government Commission in their review of Local Government areas and in the presentation of the County Councils case against several county borough extension proposals. Once the case was passed, the County Council was charged with the task of carrying out the review of the county district using the collated information from this section.

The Clerk to the County Council was also the Registrar of the West Riding Deeds Registry and it was to the Law and Parliamentary Committee that matters relating to the registry are referred.

Electoral Section

The Clerk of the County Council was also the County Electoral Registration Officer and as such was responsible for the preparation of the annual register of electors in the 14 county constituencies.

It was the duty of the County Electoral Registration Officer to divide the county constituencies into polling districts and designated polling places. [He also had to regularly review these districts].

A Deputy Registration Officer was appointed for each constituency and the Clerk discharged certain powers to this deputy who was usually a Clerk to one of the District Councils. The deputy then delegated his duties of obtaining information to an officer from each of the County districts [usually a clerk] known as a Designated Officer.

The Clerk was also the County Returning Officer for County Council elections in relation to the 96 electoral divisions and he was Acting Returning Officer for the Parliamentary elections in the 14 county constituencies. Again, he delegated some of these powers to officers with the approval of the Home Office [mostly Clerks to the Council, Chairman of Mayors].

The section was involved in the administration of the preparation of the printing of the election papers but it was also responsible for dealing with requests for information on all matters relating to electoral registration for local and Parliamentary elections.

When a Parliamentary election was imminent, the section arranged for the printing of the notices of election, polling stations, ballot papers and any other requirements for the completion of the election.

This section also dealt with the convening of the meetings of the full County Council and the minutes thereof.

Terrier and Mineral Section

Previous to World War II, the Clerk recommended that a record should be established and maintained of all County Council property and land and this was called the ‘Terrier’.

This section had the responsibility for the safe custody and filing of all title deeds. The terrier provided quick answers to many queries relating to boundary issues and ownership of land in the Clerks Department. This section also acted as a repository for deeds such as leases, tenancy agreements, contracts and wayleave agreements.

This section was controlled and supervised by the County Mining Engineer who was concerned with the preparation of mineral reports on the acquisition of new sites and properties. He also supplied advice on mineral matters to all County Departments with particular reference to mining subsidence. The Mining Engineer also dealt with negotiations with the Coal Board and the settlement of claims arising out of damage to county property through subsidence.

The Terrier and Mineral Section was not a separate department but was an integral part of the Clerks Department.

General Duties

Under this heading could be included liaison with the press and issue of certain printed publications such as yearbooks, the Chairman’s triennial statement, careers advice and the County Service Handbook.

The organisation of events and visits and the arrangements for luncheons for civic dignitaries and other functions.