LIBRARY OF THE UNIVERSITY OF CALIFORNIA. Claxs m EDITED BY J. Y. W. MACALISTER, HONORARY SECRETARY OF THE ASSOCIATION No. 2 PUBLIC LIBRARY LEGISLATION BEING THE LAW RELATING TO PUBLIC LIBRARIES AND TECHNICAL EDUCATION, AND ALL STATUTES DIRECTLY OR INDIRECTLY AFFECTING LIBRARIES, MUSEUMS, ART GALLERIES, ETC., IN ENGLAND, IRELAND, AND SCOTLAND BY H. W. FOVABGUE TOWN CLERK OK EASTBOURNE J. J. OGLE LIBRARIAN OF THE PUBLIC LIBRARY, LONDON PUBLISHED FOR THE ASSOCIATION BY SIMPKIN, MARSHALL, HAMILTON, KENT ) This applies to every Parish, whether combined with another or not. See note Qi) to Section 18, page 24. (c) These provisions of the Public Health Act are set out at page 147. It does not appear that a mortgage of the Library or other buildings may be made. ACCOUNTS AND AUDIT Q. 20. (1) Separate accounts shall be kept of the receipts and expenditure under this Act of every Library Authority and their officers, and those accounts shall be audited in like manner and with the like incidents and consequences, in the case of a Library Authority being an Urban Authority, and of their officers, as the accounts of the receipts and expenditure of that Authority and their officers under the Public Health Acts (a). 26 LIBRARY ASSOCIATION SERIES. (2) The accounts of the receipts and expenditure of a Library Authority being Commissioners appointed under this Act, and of their officers, shall be audited yearly by a District Auditor in like manner and with the like incidents and consequences as in the case of an audit under the Acts relating to the relief of the poor, and those Commissioners shall be a Local Authority within the meaning of the District Auditors Act, 1879 (c). (3) The accounts of the receipts and expenditure under this Act of any Library Authority other than the Council of a Municipal Borough (ft) shall be open at all reasonable times to the inspection, free of charge, of any ratepayer (bb) in the Library District, and any such ratepayer may, without charge, -make copies of and extracts from those accounts ; and if any Library Authority, or any person being a member thereof, or employed by them and having the custody of the accounts, fails to allow the accounts to be inspected, or copies or extracts to be made, as required by this Section, such Authority or person shall for each offence be liable on summary conviction in manner provided by the Summary Jurisdiction Acts to a fine not exceeding five pounds. NOTES. (!) As to accounts in combined Urban Districts, see the Act of 1893, Section 4 (3), page 159. (a) There is no regulation as regards the/orm in which the accounts are to be kept in a Berough or Local Board District, but the form specified for Commissioners (see note b) seems complete, and appears to be a good precedent. In Boroughs the elective auditors and Mayor's auditor will audit the accounts. In Local Board Districts the District auditors will do it. (6) The accounts in a Borough may be inspected under the provisions of the Municipal Corporations Act, 1882. (66) Not necessarily a voter. (c) This applies to a Metropolitan District. See Section 22 (2), page 33. See the following order of the Local Government Board : To the Commissioners for Public Libraries and Museums for the several Parishes in which " The Public Libraries Act, 1855," has been or shall be adopted ; To the District Auditors for the time being authorised to audit the accounts of the said Commissioners respectively ; And to all others whom it may concern. Whereas by Sections 3 and 5 of " The District Auditors Act, 1879," it is enacted as follows :- "3. Where the accounts of the receipts and expenditure of a Local Authority are audited by a District Auditor, the Local Authority shall prepare and submit to the District Auditor at every audit (other than an extraordinary audit, held ki pursuance of LIBBAEY LEGISLATION ENGLAND AND WALES. 27 Section 6 of the Poor Law Amendment Act, 1866) a financial statement in duplicate in the prescribed form and containing the prescribed particulars ; one of such duplicates shall have the stamp charged under this Act affixed thereon, and the auditor at the conclusion of the audit shall cancel that stamp, and certify on each duplicate, in the prescribed form, the amount in words at length of the expenditure so audited and allowed, and further, that the regulations with respect to such statement have been duly complied with, and that he has ascertained by the audit the correctness of the statement." " 5. Where any accounts of the receipts and expenditure of a Local Authority are subject by law to be audited by a District Auditor, the Local Government Board may from time to time by order make, and when made revoke and vary, such regulations as seem to the Board necessary or proper respecting the audit of such accounts, including the form of keeping the accounts of the Local Authority and their officers, the day or days to which the accounts are to be made up, the time within which they are to be examined by the Local Authority, the mode in which, if it is so prescribed, they are to be certified by the Local Authority, or any officer of that Authority, the mode of publishing, the time and place of holding the audit, the persons by whom such accounts are to be produced for audit, and the mode of conducting the audit, and an order under this Section shall be deemed to be an order within the meaning of Section 98 of the Poor Law Amendment Act, 1834." And whereas the Commissioners for Public Libraries and Museums being Local Authorities, the accounts of whose receipts and expenditure are audited as mentioned in the said Section 3, we, the Local Government Board, by an order dated the 22nd day of October, 1880, prescribed the form of the financial statement to be prepared and submitted to the District Auditor by such Commissioners ; And whereas it is expedient that the said order should be rescinded, that a fresh form of financial statement should be prescribed, and that regulations should be prescribed as hereinafter mentioned : Now, therefore, we hereby rescind the above-cited order, and we hereby order and prescribe as follows : Article /. The regulations contained in this order shall be observed in regard to the accounts of the Commissioners for Public Libraries and Museums, as such Local Authorities as aforesaid, except in so far as we may from time to time assent to any departure from such regulations. Article II. The financial statement to be prepared and submitted to the District Auditor in duplicate by the said Commissioners in accordance with the provisions of the Section first above recited, shall be in the form in the Schedule to this order, and shall contain the particulars therein specified ; and the certificate of the District Auditor to be appended to each such duplicate shall be as set forth at the foot of the said statement. Article HI. The accounts of the said Commissioners and of their officers shall be made up and balanced to the twenty-fifth day of March in each year. Given under the Seal of Office of the Local Government Board, this twenty- fifth day of September, in the year one thousand eight hundred and eighty-six. CHARLES T. RITCHIE, President. S. B. PROVIS, Assistant Secretary. 28 LIBRARY ASSOCIATION SERIES. SCHEDULE. Parish of. FINANCIAL " The District Auditors Statement of Receipts and Expenditure by the Commissioners for Public 25th day of A. Receipts other than from Loans : Amounts received from Rates : Amounts received from all other sources, specifying them : * s. d. s. d. Total Receipts other than from Loans B. Receipts from Loans. Total Receipts from Loans t . . . . Total Balances in Hand at commencement o Financial Statement to 25th March, 18 Balances,' if any, due at end of year : Due to Treasurer Due to other Officers t year, as s. per d. Total * Small items of receipt under this heading may be classed as " miscellaneous t The particulars of loans are to be supplied in the annexed form No. 2. LIBRARY LEGISLATION ENGLAND AND WALES. 29 SCHEDULE. STATEMENT. Act, 1879 " (42 Viet., C. 6). Libraries and Museums for the above-named Parish for the year ended the March, 18 . A. Expenditure other than out of Loans : Interest on Loans Repayment of Principal of Loans . Salaries of Officers ! d. s. 1 d. Rent and Taxes Cleaning, Fuel, Lighting, &c Books, Newspapers, Maps, &c. Bookbinding and Repairing .... Stationery and Printing Other expenses, specifying them : * - Total Expenditure other than out of Loans Stamp Duty is payable . ' . and on which . Small payments under this head may be classed as " miscellaneous ' 30 LIBRARY ASSOCIATION SERIES. EXPENDITURE. B. Expenditure out of Loans : Total Expenditure out of Loans . . . 8. d. Brought forward Total Expenditure other than out of Loans . ....... Total Expenditure Total Balances overdrawn at commencement of year, as per Financial Statement to 25th March, 18 & s. d. Balances at end of year : In Treasurer's hands In hands of other officers Total .... Clerk [or other officer keeping the Accounts], day of 18 . I hereby certify that I have compared the entries in the above statement with the vouchers and other documents relating thereto, and that the regulations with respect to such statement have been duly complied with. I hereby further certify that I have ascertained by audit the correctness of such state- ment, and that the amount expended by the Commissioners during the year ended the 25th day of March, 18 , included in such statement, and allowed by me at the audit, is * As witness my hand this day of 18 . . District Auditor. * Here insert in words at length the amount of the net expenditure on which stamp duty is payable. See previous page. LIBRARY LEGISLATION ENGLAND AND WALES. I, 1 o_ o o O f 'C c^l ** 22 II >H S S 11 11 31 .2 >> ^ B o s s *s II 2% lj 11 !< P 1* 2 5s lf r ^ s e ^ &5 11 4$ I 32 LIBRARY ASSOCIATION SERIES. PROVISIONS AFFECTING LONDON ONLY. Application of Act to City of London. 21. (1) The City of London shall be a Library District (), and, on this Act being adopted for the City, the Common Council (m/) shall be the Library Authority (ft). (2) The opinion of the voters in the City of London with respect to any question under this Act (c) shall be ascertained by the Mayor on the requisition of the Common Council (d). (3) The expenses incurred in the City of London in and inci- dental to the execution of this Act, including all expenses in connection with ascertaining the opinion of the voters, shall be defrayed out of the consolidated rate levied by the Commissioners of Sewers, or a separate rate to be made, assessed, and levied by those Commissioners in like manner as the consolidated rate(). (4) So much of this Act as limits the rate or addition to a rate to be levied in any Library District for any one financial year to one penny in the pound shall not extend to the City of London(/). NOTES. (a) See Section 1 (-2), page 2. (no) See definition in Section 27, page 38. (ft) See Section 4, page 10. And as such Library Authority the Common Council will have the powers and be subject to the duties specified with regard to Library Authorities generally (subject to the provisions of this Section), but not to such as relate to Parishes. (c) See Section 3, page 4. (d) Note that voters cannot requisition the chairman of the Authority to take a poll, as in other Library Districts, the power being limited to the Common Council itself. (e) See Section 18, page 23, as to expenses in other Districts. (/) The adoption of the Act may, therefore, be without any rating limit, and, unless the Common Council in the requisition desires the opinion of the voters to be taken on any suggested limitation, the Lord Mayor has no power to put any question with respect thereto (Section 3 (2), page 4), but there is nothing to prevent the Common Council from suggesting any limit it thinks desirable. POWEE FOE DISTEICT IN LONDON TO ADOPT ACT. 22. Every District mentioned in Schedule B to the Metropolis Management Act, 1855, as amended by any subsequent Acts (a), shall be a Library District (ft), and the provisions of this Act shall apply accordingly with the following modifications : (1) The opinion of the voters in any such District with respect LIBRAEY LEGISLATION ENGLAND AND WALES. 33 to any question under this Act(c) shall be ascertained by the District Board on the requisition in writing of any ten or more of such voters : (2) The Library Authority for such District shall be Commis- sioners appointed by the District Board (d), and the provisions of this Act relating to Commissioners appointed - for a Parish shall apply with the substitution of "District " for " Parish " and of " District Board " for " Vestry " (e) : (3) The expenses incurred in any such District in and inci- dental to the execution of this Act, including all expenses in connection with ascertaining the opinion of the voters, shall to such amount as is sanctioned by the District Board (/) be defrayed by that Board in like manner as if they had been incurred for the general purposes of the Metropolis Management Act, 1855, and the sums from time to time required for defraying those expenses, to the extent so sanctioned, shall be paid by the District Board to any person appointed by the Commissioners to receive the same ; but nothing in this enactment shall enable a District Board to levy (ff) for the purposes of this Act any greater sum in any financial year than the amount produced by a rate of one penny in the pound, or any less rate specially fixed for the purpose of this Act in the District (ft): (4) The enactments authorising two or more neighbouring Parishes to combine in carrying this Act into execution shall have effect as if any such District were included in the term "Parish" and the District Board of such District in the term " Vestry "(g) : (5) Where a Parish in any such District has adopted the Acts hereby repealed, or any of them, or hereafter adopts this Act(7t), it shall be treated in all respects for the purposes of this Act as if it were outside the District, and, in particular (a) a person shall not, by reason of being a voter in the Parish, be accounted for the purposes of this Section as a voter in the District ; and (b) a representative of the Parish on the District Board shall not take part in any proceeding of the Board under this Section and ; 3 34 LIBRARY ASSOCIATION SERIES. (c) the Parish shall not be called on to contribute to the payment of any expenses incurred in pursuance of this Section ; and (d) any question of accounts arising between the Parish and the other Parishes in the District, or between the Parish and the District, in consequence of this Section, shall be decided finally by the Local Government Board : (6) After the adoption of this Act for any such District, pro- ceedings shall not, except with the sanction of the Local Government Board, be taken for the separate adoption thereof for any Parish in the District (h). NOTHS. (a) The following is the list of Districts mentioned in Schedule B : SCHEDULE B. Parishes united into Districts for the purposes of the Act, Name of District. Parishes. Whitechapel District Westminster District Greenwich District Wandsworth District St. Mary, Whitechapel. Christchurch, Spitalfleld. St. Botolph, without Aldgate, in the County of Middlesex. Holy Trinity, Minories. St. Katherine, precinct of. Mile End, New Town, Hamlet of. Liberty of Norton Folgate. Old Artillery Ground. Tower, District of. St. Margaret. St. John the Evangelist. St. Paul, Deptford, including Hatcham. Hatcham. St. Nicholas, Deptford. Greenwich. Clapham. Tooting Graveney. Streatham. St. Mary, Battersea, excluding Penge. Wandsworth. Putney, including Iloehampton. LIBRAEY LEGISLATION ENGLAND AND WALES. 35 Name of District. Parishes. Hackney District . . St. Giles District . . Holborn District . . Strand District Fulham District . . Limehouse District Poplar District . . St. Saviour's District Plumstead District Lewisham District St. Olave District Hackney. St. Mary, Stoke Newington. St. Giles-in-the-Fields. St. George, Bloomsbury. St. Andrew, Holborn above Bars. St. George the Martyr. St. Sepulchre, in the County of Middlesex. Saffron Hill, Hatton Garden. Ely Rents and Ely Place. The Liberty of Glasshouse Yard. St. Anne, Soho. St. Paul, Covent Garden. St. John the Baptist, Savoy, or precinct of the Savoy. St. Mary-le-Strand. St. Clement Danes Liberty of the Rolls. St. Peter and St. Paul, Hammersmith. Fulham. St. Anne, Limehouse. St. John, Wapping. St. Paul, Shadwell. Ratcliffe, Hamlet of. All Saints, Poplar. St. Mary, Stratford-le-Bow. St. Leonard, Bromley. Christ Church. St. Saviour (including the Liberty of the Clink) Charlton, next Woolwich. Plumstead. Eltham. Lee. Kidbrooke. Lewisham, including Sydenham. Chapelry. Hamlet of Penge. St. Olave. St. Thomas, Southwark. St. John, Horsleydown. (6) See Section 1, page 1. The limitations on expenditure provided in Section 2, page 2, will apply, and see Sub-section 3 of this Section. 36 LIBEABY ASSOCIATION SEEIES. (c) See Section 3, page 4. The District Board will in a Metropolitan District be the Authority referred to in that Section. (d) Not the Vestry. And as such Library Authority the Commissioners will have all the powers applicable to Library Authorities generally (see Section 4, page TO, Section 11, page 14, as to the provision of Libraries,&c. , Section 15, page 19, as to management, Section 18, page 23, as to expenses, Section 19, page 25, as to borrowing, and Section 20, page 25, as to accounts). Section 23 post will apply in lieu of Section 12 as to the appropriation of land. (e) See Section 5, page 11, as to the constitution of Commissioners, Section 6, page 11, as to rotation, Section 7,page 12, as to meetings,Section 8,page 13, as to proceedings, Section 16, page 21, as to agreements for the joint use of a Library. SectionlO,page 14 (power to annex Parish to adjoining District),does not appear to apply to a Metropolitan District, as the provisions made applicable by this Sub-section are limited to those which relate to "Commissioners" (see note (#)) Section 9, page 13 (combination of Parishes), applies (see Sub-section 4 of this Section). (/) This corresponds with the provisions as to a Parish (see Section 18, page 23). If the District is "combined" with another under Sub-section (4) and Section 9, page 13, the District Board's veto will still apply. But it is very doubtful whether the power to annex a District to another Library District (under Section 10, page 14) applies (see note (), to that Act, as amended by any subsequent Acts, may, if this Act is in force in such Parish or District, appropriate, with the sanction of the Local Government Board, for the purposes of this Act any land (6) which is vested in such Vestry or Board (c). LIBRAKY LEGISLATION ENGLAND AND WALES. 37 NOTES. (a) See Section 26, page 38, as to constitution of Vestry. (aa) The following is the list of Parishes in Schedule A : SCHEDULE A. St. Marylebone. St. Pancras. Lambeth. St. George, Hanover Square. Islington, St. Mary. Shoreditch, St. Leonard. Paddington. St. Matthew, Bethnal Green. St. Mary, Newington, Surrey. Camberwell. St. James, Westminster. Chelsea. St. James and St. John, Clerkenwell, to be considered as one Parish. Kensington, St. Mary Abbot. St. Luke, Middlesex. St. George the Martyr, Southwark. Bermondsey. St. George-in-the-East. St. Martin-in-the-Fields. Hamlet of Mile End, Old Town. Woolwich. Rotherhithe. St. John, Hampstead. (66) See Section 22, note (a), page 34, for the list. (6) Land includes buildings (see Section 11, note(cc), page 15). (c) See Section 12 (2) as to appropriation of sites in Urban Districts, page 16. SUPPLEMENTAL PEOVISIONS. ADJUSTMENT OF INTERESTS ON TERMINATION OF AGREEMENT. 24. Any agreement under this Act between two or more Vestries (aa) or Library Authorities (a), or between a Library Authority and any other body (6), may provide that on the termination of the agreement an adjustment shall be made of the interests of the several parties thereto in any property to the provision of which they have contributed, and as to the mode in which the adjustment shall be arrived at(c), and in the event of any dispute the adjustment shall, on the application of any of the parties, be made by an arbitrator appointed by the Local Government Board. NOTES. (aa) See Section 2(3, page 38, for constitution of Vestries. (a) See Sections 9, 10, and 16, pages 13, 14, and 21 respectively. (6) The words " or between a Library Authority and any other body " are new. Query, Do they cover agreements between Library Authorities and individuals ? (c) This provision follows that in Section 3 of the Act of 1889 (repealed). The words following are new. 38 LIBRARY ASSOCIATION SERIES. SAVING FOE OXFOED. 25. Nothing in this Act shall interfere with the operation of the Act of the session of the twenty-eighth and twenty-ninth years of the reign of Her present Majesty, Chapter 108, so far as it relates to the collection of a rate for a Public Library in Oxford (a). NOTE. (a) See Summary of Acts, viii., page 91. See also Section 29 page 39. This Section was inserted during the passage of the Bill through Parliament. CONSTITUTION AND PEOCEEDINGS OF VESTEY FOE PUEPOSES OF ACT. 26. For the purposes of this Act the Vestry of a Parish shall be any body of persons acting by virtue of any Act of Parliament as or instead of a Vestry, and, where there is no such body, shall be the Inhabitants of the Parish in Vestry assembled, but in the latter case the persons registered as County electors in respect of the occupation of property situate in the Parish, and no other persons, shall be members of the Vestry (a). NOTE. (a) The Act of 1890 provided that all references to " Vestries " should be construed as references to the voters. This provision is now repealed and the former definition revived. DEFINITIONS. 27. In this Act, unless the context otherwise requires the expression " Urban District" means a Municipal Borough, Improvement Act District, or Local Government District ; and "Urban Authority" means, as regards each such District, the Council, Improvement Commissioners, or Local Board : the expression " financial year " means the period of twelve months for which the accounts of a Library Authority are made up : the expression "voter" means a person who is registered as a County elector or enrolled as a burgess in respect of the occupation of property situate in the District or Parish in connection with which the vpter is mentioned : LIBRAKY LEGISLATION ENGLAND AND WALES. 39 the expression " Overseers" includes any persons authorised and required to make and levy poor rates in a Parish, and acting instead of Overseers : the expression " Common Council " means, in relation to the City of London, the mayor, commonalty, and citizens, acting by the mayor, aldermen, and commons in common council assembled. NOTE. For definition of " Library District," see Section 1 (2), page 2, of "Library Authority," Section 4, page 10, and " Vestry," Section 26, page 38. REPEAL. 28. (1) The Acts mentioned in the Second Schedule to this Act (a) shall be repealed as from the commencement of this Act, save so far as any of them extend beyond England and Wales, and where those Acts have been adopted for any Library District, that adoption shall be deemed to have been an adoption of this Act, and this Act shall apply accordingly (b). (2) For the purpose of this Section the said Acts shall be deemed to have been adopted for any District in which they were in force immediately before the commencement of this Act. NOTBS. (a) See page 46. (6) The saving clause is most important to existing Authorities. SAVING AS TO LOCAL ACTS. 29. Nothing in this Act shall be deemed to limit, or to reduce or alter the limit of any rate which any Library Authority is authorised to levy under or by virtue of any local Act. NOTES. Local Acts allowing a higher maximum rate than one penny, or a special appropriation of corporate funds in addition to the Library rate, are in force in the following towns : Birmingham, Manchester, Nottingham, Oldham, St. Helens, Preston, Sheffield, Wigan. For examples of the provisions of these Acts, see page 80. COMMENCEMENT. 30. This Act shall come into operation on the first day of October next after the passing thereof. 40 LIBRARY ASSOCIATION SERIES. SHOKT TITLE. 31. This Act may be cited as the Public Libraries Act, 1892. [NOTE. These regulations are not applicable in an Urban District as the Urban Authority may adopt the Act without obtaining the consent of the voters, see the Ad of 1893, Section 2, page 158.} SCHEDULES. FIEST SCHEDULE. Eegulations for Ascertaining the Opinion of the Voters in a Library District (a). In these regulations the expression " presiding officer" means, in relation to any Library District, the Authority required under this Act to ascertain the opinion of the voters in that District on any question (b), or a person appointed by that Authority (c), and that Authority is referred to in these regulations as the " District Authority (b) (c). PART I. PROCEDURE BY VOTING PAPERS. 1. The District Authority (ft) shall, before the day appointed for the issuing of the voting papers, provide the presiding officer (c?) with a copy of the burgess roll, or county register, as the case may be, or of the part or parts thereof containing the names of all the voters (e) in the Library District (a). 2. On the day appointed for issuing the voting papers, the presiding officer shall send by post, or cause to be delivered to every voter, at his address appearing in the roll, or register, a voting paper in the form contained in Part II. of this Schedule, or to the like effect (/). 3. Every voting paper shall bear the number of the voter on the roll, or register, as the case may be, and shall contain direc- tions to the voter, in accordance with these regulations, as to the day on which, and the hours within which, the voting paper is to LIBEABY LEGISLATION ENGLAND AND WALES. 41 be collected or sent, and as to the place at which, if sent, it will be received. 4. The District Authority (b)(k) shall, before the issue of the voting papers, appoint such a number of competent persons as may be necessary to collect and receive the voting papers, and to assist in the scrutiny thereof, on such terms and for such remuneration as may be reasonable, and shall also appoint a convenient place within the District at which the voting papers are to be received ; but the District Authority (&) shall not be required to collect any voting papers which have been sent by them to addresses beyond the limits of the District (17). 5. Voting papers shall be collected between 8 a.m. and 8 p.m. of the third day after that on which they were issued (h). Such day is hereinafter in these regulations referred to as the polling day, and such last-mentioned hour is hereinafter referred to as the " conclusion of the poll ". 6. A voting paper shall not, after collection, be delivered up to any person except the presiding officer (i) t or a person appointed to receive voting papers. 7. The persons appointed to collect the voting papers shall, either before or as soon as may be after the conclusion of the poll (j), deliver the voting papers collected by them to the presiding officer (^) or to a person appointed to receive the same. 8. A voting paper may be sent by prepaid post or by hand to the presiding officer (i) at the place appointed by the District Authority (b) for the receipt thereof, so that it be received by the presiding officer at such appointed place before the conclusion of the poliy). Voting papers, except those collected by persons appointed .by the District Authority (A;), shall not be received at the appointed place after the conclusion of the poll(y). 9. Every person appointed to collect voting papers shall be appointed in writing by the District Authority (A), and shall carry such writing with him while employed in the collection, and shall show it to any voter who may require him to do so. If any person so appointed fails to comply with this regulation, or if any unauthorised person fraudulently receives or induces any voter to part with a voting paper, such person shall be guilty of a misdemeanour, and liable, on conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding twenty pounds, or to both imprisonment and fine. 42 LIBRARY ASSOCIATION SERIES. 10. A voting paper which contains the answer "yes" or "no" to any question put to the voters, and is duly signed, shall be deemed to be a valid voting paper with respect to that question (I). A voting paper shall be deemed to be duly signed if signed by the voter with his full name or ordinary signature. 11. Where any voter is unable to write he may cause his voting paper to be filled up by another person. In such case he shall attach his mark to the voting paper, and such mark shall be attested by such other person, who shall sign his name and append his address thereto. A voting paper to which such mark is attached, and which is duly attested, shall be deemed to be duly signed. 12. Any person fabricating a voting paper, or presenting or returning a fabricated voting paper, knowing that the same does not bear the true answer or signature of the voter to whom it was sent or intended to be sent, shall be guilty of personation, and liable to the penalties of that offence, as provided by the Ballot Act, 1872 [35 and 36 Viet., c 33] . 13. The presiding officer (J) shall, as soon as may be after the conclusion of the poll (i), proceed to a scrutiny of the voting papers, and shall compare the same with his copy of the roll, or register, and ascertain how far the voting papers have been duly signed by the voters (e). 14 . A question put to the voters (e) shall be deemed to be answered and determined in the affirmative or negative, according as the majority of valid voting papers returned contain the answer 4 'yes" or "no" to that question. 15. Immediately on the conclusion of the scrutiny the presiding officer shall report to the District Authority the number of voters (e) who have voted "yes" and "no" respectively to each question put to them, and the number of voting papers which are invalid (m). 16. The presiding officer (/) shall seal up in separate packets the valid and the invalid voting papers respectively, and shall transmit them, together with his report, to the District Authority (b). 17. Upon receiving the report of the presiding officer the District Authority (b) shall cause the result of the poll to be made public in such manner as they think fit (). LIBRARY LEGISLATION ENGLAND AND WALES. 43 PART II. FORM OF VOTING PAPER. Public Libraries Act, 1892. Borough (Parish or other Library District) of No. (Here insert number of voter in burgess roll, or county register, as the case may be.) Question 1 Question 2 Question 3 Are you in favour of the adoption of the Public Libraries Act, 1892, for the Borough (or Parish, &c.) of ? Are you in favour of the rate being limited to one halfpenny in the pound (or to three farthings, or of the existing limitation of the rate under the Public Libraries Act, 1892, being re- moved, or of the existing limi- tation to one halfpenny being raised to three farthings, as the case may require)? Are you in favour of an agree- ment being made with (here designate the body, or bodies, ac- cording to Section 10 or Section 16 of this Act) for the purpose of (briefly state objects of pro- posed agreement) ? Answer 1. (To be filled in "Yes" or "No".) Answer 2. (To be filled in "Yes" or "No".) Answer 3. (To be filled in "Yes" or "No".) Question 1. To be emitted if Libraries Act already adopted. Question 2. To be omitted if no question stated in the requisition as to limitation of rate. Question 3. To be omitted if no such question raised. Signature of Voter. 1. This voting paper will be collected by an authorised collector between the hours of 8 a.m. and 8 p.m. on day, the 18 (insert polling day), or may be sent by prepaid post, or by hand, addressed to (state name or designation of presiding officer, and place appointed by the District Authority). If it is sent it must 44 LIBRARY ASSOCIATION SERIES. be received at that address before 8 p.m. on the above-mentioned day. 2. You may require the collector to show his authority in writing. No authority is valid unless it is (signed by A. B., or sealed, or as the District Authority may direct), NOTES. Any reference to Boroughs or Urban Districts in these notes are rendered inapplicable by the Act of 1893, page . (a) See Section 1 (2) for definition, page 2. Also Section 3 as to proceedings for adoption of Act, page 4. The latter Section by Sub-section 3 makes these regulations have effect as if they were enacted in the body of the Act. They only apply after the receipt of the requisition. (b) i.e., in London the Lord Mayor (Section 21 (2), page 32), in Metropolitan Districts the District Board (Section 22 (1), page 32), in a Borough the Mayor (Section 3 (6), page 5), in any other Urban District the Chairman of the Authority (ibid.), in a Parish the Overseers. (c) Note that the "District Authority" has power to delegate his or their duties to another person subject to the regulations (see particularly Rules 4 and 6). (d) i.e., if the "Authority" appoints a deputy who comes also within the definition of presiding officer (see head note to the Regulations). () See definition, Section 27, page 38. (/) See page 43. (g) The expenses, whether the Act is adopted or not, are payable out of the rates (Section 18, page 23 ; Section 21 (3) as to the City of London, page 32 ; and Section 22 (3) as to Metropolitan Districts, page 33). (h) Note that this requirement is imperative. No alternative is left to the presiding (i) See head note to the regulations. (j) See rule 6. (k) Note, not the presiding officer. (0 If it contains more than this (except as in rule 11), it appears that it cannot be deemed valid. And this would appear to apply if any method other than that specified is adopted to signify either assent or dissent. (in) The following form of report is suggested with the necessary modifications applicable to the particular Districts : Borough of PUBLIC LIBRARIES ACT, 1892. To , Mayor of the said Borough, and the District Authority within the meaning of the Public Libraries Act, 1892, and the Regulations made thereby for ascertaining the opinion of the voters in the District of the said Borough. I have to report that I have scrutinised the voting papers in the poll of the Borough on the following questions, and do certify and report the result to be as follows : LIBRARY LEGISLATION ENGLAND AND WALES. 45 Number of Voting Papers MAJORITY containing the ansArer containing the answer Invalid. in favour or against) YES. No. Question 1 Are you in favour of the adoption of the Public Libraries Act, 1892, for the Borough (or Parish, <&c.) of ? Question 2 Are you in favour of the rate being limited to one halfpenny in the pound (or to three farthings, or of the existing limitation of the rate under the Public Libraries Act, 1892, being removed, or of the existing limitation to one halfpenny being raised to three farthings, as the case may require) ? Question 3 Are you in favour of an agreement being made with (here designate the body or bodies, according to Section 10 or Section 16 of this Act) for the purpose of (briejly state objects of proposed agreement) ? * The total number of voting papers issued was * ,, ,, delivered was * ,, ,. collected was Dated this day of , 18 . , Presiding Officer. (n) The following form for announcing the result of the Poll may be useful : Borough of (or Local Board District or Parish or as the case may be). PUBLIC LIBRARIES ACT, 1892. I, the undersigned, being the Mayor of the said Borough (or Chairman of the Local Board or Overseers of the Poor or as the case may be), and the Authority to ascertain the * This information is not required by the regulations, but instead of vitiating the report it would improve it. 46 LIBRARY ASSOCIATION SERIES. opinion of the voters under the Public Libraries Act, 1892, do hereby publish the result of the Poll : that is to say, Number of valid voting papers in favour of the adoption of the Act Number of valid voting papers against the adoption of the Act (Or the questions and result may be set out if preferred in the Form given above.) Majority in favour Number of invalid papers The majority of the answers recorded on the valid voting papers being in favour of the adoption of the Act, the same is by Section 3 of the said Act deemed to be forthwith adopted for the said Borough. Dated this day of 18 , Mayor (or Chairman, or Overseers). SECOND SCHEDULE. ACTS REPEALED. SESSION AND CHAPTER. SHORT TITLE. 18 and 19 Viet, c. 70 29 and 30 Viet., c. 114 34 and 35 Viet., c. 71 47 and 48 Viet., c. 37 50 and 51 Viet., c. 22 52 and 53 Viet., c. 9 , 53 and 54 Viet, c. 68 , The Public Libraries Act, 1855. The Public Libraries Amendment Act (England and Scotland), 1866. The Public Libraries Act, 1855, Amendment Act, 1871. The Public Libraries Act, 1884. The Public Libraries Acts Amendment Act, 1887. The Public Libraries Acts Amendment Act, 1889. The Public Libraries Acts Amendment Act, 1890. LIBBAEY LEGISLATION SCOTLAND. 47 SCOTLAND. GENEEAL NOTE. The only Acts applicable in Scotland are the Consolidating and Amending Act of 1887 and the Edinburgh Public Library Assessment Act, 1887, hereinafter set forth. A reference to the notes and cases on the corre- sponding sections in the English Acts may assist in the interpretation of the provisions respecting Scotland, but it should be distinctly borne in mind that the whole of the provisions affecting Scotland are here set forth, and con- sequently the English Act is not applicable. XVII. PUBLIC LIBEAKIES CONSOLIDATION (SCOTLAND) ACT, 1887. CHAPTER 42. An Act to amend and consolidate the Public Libraries (Scotland) Acts. [IQth September, 1887.J Whereas it is expedient to amend and consolidate the Public Libraries (Scotland) Acts, 1867 to 1884 : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : SHOET TITLE. 1. This Act may be cited as the Public Libraries Consolidation (Scotland) Act, 1887, and shall apply to Scotland only. DEFINITIONS. 2. The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction ; that is to say, " Burgh " shall include Royal Burgh, Parliamentary Burgh, Burgh incorporated by Act of Parliament, Burgh of Rega- lity, Burgh of Barony, and any populous place or Police 48 LIBBABY ASSOCIATION SEBIES. See the General Note at Top of page 47. Burgh administered wholly or partly under any general or local Police Act, and the boundaries of such Burgh shall, for the purposes of this Act, be the boundaries to which such general or local Police Act extends : " Parish " shall mean a Parish for which a separate poor rate is or can be imposed, or for which a separate Parochial Board is or can be appointed, and shall be exclusive of the area of any Burgh or part of a Burgh situated therein : " Householders " shall mean, in the case of a Burgh, all per- sons whose names are entered on the Municipal Eegister, and in the case of a Parish, all persons entitled to vote in the election of a School Board in such Parish, under the provisions of the Education (Scotland) Act, 1872, and any Act amending the same : 35 and 36 Viet. c. 62. " Magistrates and Council " shall be applied collectively, and not separately, and shall include Provost, Magistrates, and Town Council, Magistrates and Commissioners of Police, and any other body of persons for the time being in office, by authority of whom the Burgh General Assessment is levied ; and where in any Burgh the Magistrates and Council form a corporate body, and there is also in the same Burgh a Board of Commissioners of Police by whom the Burgh General Assessment is levied, the words " Magistrates and Council " shall, as regards the levying and recovering of the library rate, apply to such Commissioners of Police, but in every other respect it shall apply to such corporate body of Magistrates and Council : " Chief Magistrate" shall include Provost, and shall apply to any Magistrate legally acting as Chief Magistrate for the time being : " Board " shall mean the Parochial Board acting under the Act Eighth and Ninth Victoria, chapter 83, and any Act amending the same : " Committee " shall mean the Committee appointed under any Public Libraries Act affecting Scotland for the time being, or this Act : LIBRARY LEGISLATION SCOTLAND. 49 See the General Note at Top of page 47. " Municipal Register " shall mean the register, list, or roll of persons entitled to vote in an election of Town Councillors or Commissioners of Police, in a Burgh, made up accord- ing to the law in force for the time being : " Burgh General Assessment" shall mean an assessment which, under any general or local Police Act, shall be applicable to the general purposes of such Act : ' Library Eate " shall mean the rate or assessment authorised by this Act for the purpose of carrying the Act into execution : " Libraries and Museums " and " Libraries or Museums " shall include Schools for Science, Art Galleries, and Schools for Art, and these expressions, or either of them, when used in the singular, shall include a School for Science, an Art Gallery, and a School for Art : Words importing the masculine gender shall, when applied to householders, include female householders. REPEAL. 30 and 31 Viet. c. 37; 34 and 35 Viet. c. 59; 40 and 41 Viet. e. 54; 47 and 48 Viet. c. 37. 50 and 51 Viet. e. 85. 3. The Public Libraries (Scotland) Acts, 1867 to 1884, so far as the same relate to Scotland, are hereby repealed ; but such repeal shall not invalidate or affect anything already done in pursuance of these Acts, or any of them, and all Burghs and Parishes in Scotland which before the passing of this Act have adopted the recited Acts shall thereafter be subject to the provisions of this Act : Provided always, that nothing in this Act contained shall prejudice or affect the provisions of the Edinburgh Public Library Assessment Act, 1887. ADOPTION OF ACT. 4. Upon the requisition in writing of the Magistrates and Council of any Burgh, or of ten or more householders in any Burgh or Parish, the Chief Magistrate of such Burgh, or in the case of a Parish, the Sheriff of the County in which such Parish or the greater part of the area thereof is situated, shall ascertain the opinions of the householders in such Burgh or Parish as to 4 50 LIBRARY ASSOCIATION SERIES. See the General Note at Top of page 47. the adoption of this Act in the manner set forth in Schedules (A.) or (B.) hereto annexed, which Schedules shall be construed and have effect as part of this Act, provided that where in any Burgh the number of householders exceeds three thousand, the Chief Magistrate shall adopt the procedure, by way of voting paper, set forth in Schedule (A.), but in any other case it shall be optional to the Chief Magistrate or to the Sheriff, as the case may be, to adopt such procedure by way of voting paper, or the procedure by way of public meeting, set forth in Schedule (B.). IF NOT ADOPTED, NO SIMILAE PKOCEDUBE FOE TWO YEARS. 5. In the event of the householders determining by a maj >rity of votes that this Act shall be adopted in any Burgh or Parish, the same shall from thenceforth come into operation therein; but if by a majority of votes they shall determine against the adoption, the like procedure shall not take place for the space of at least two years from the date of such determination. EXPENSES OF DETERMINING AS TO ADOPTION. 6. The expenses of the procedure for determining as to the adoption of this Act shall, if the Act be not adopted, be paid, in the case of a Burgh, out of the Burgh General Assess- ment, and in the case of a Parish, out of the assessment for the relief of the poor in such Parish, or where there is no such assessment, by a rate which the Board are hereby empowered to levy and recover for this purpose, in the same manner and subject to the same conditions as are applicable to the Library Rate ; but if the Act shall have been adopted the expenses of the procedure under which it has been adopted shall be payable out of the Library Rate, and it shall be in the power of the Chief Magistrate or of the Sheriff, as the case may be, immediately upon the adoption of the Act to borrow such sum or sums as may be necessary to defray such expenses on the security of the Library Rate to be afterwards levied. LIBRARY LEGISLATION SCOTLAND. 51 See the General Note at Top of page 47. EXPENSES OF CARRYING ACT INTO EXECUTION. 7. The expenses of carrying this Act into execution, when adopted, including all sums payable in respect of interest and sinking fund for money authorised to be borrowed, and all sums necessary for the maintenance and management of the Libraries and Museums established under this Act, or to which this Act applies, or for the purchase of the articles and things authorised by this Act to be purchased, shall be paid out of the Library Eate, which shall be levied and recovered, in the case of a Burgh, by the Magistrates and Council, from the same description of persons and property, and with and under the like powers, provisions, and exceptions as the Burgh General Assessment, and in the case of a Parish by the Board, from the same description of persons and property, and with and under the like powers, provisions, and exceptions as the assessment leviable under the Act Eighth and Ninth Victoria, Chapter 83. KATE NOT TO EXCEED ONE PENNY PEE POUND. 8. The amount of the Library Eate to be levied in any year shall in no case exceed the sum of one penny in the pound of yearly rent or annual value as appearing on the valuation roll, and where, under the provisions of any general or local Police Act, the Burgh general assessment is or may be levied at a higher rate upon lands or premises above a certain fixed rent than upon lower rented lands or premises, such provisions, so far as they authorise such differential rate, shall not be applicable to or affect the Library Eate. ACCOUNTS TO BE OPEN TO INSPECTION, AND TO BE AUDITED AND PUBLISHED ANNUALLY. 9. The Magistrates and Council of a Burgh, or the Board of a Parish, as the case may be, shall provide and keep books in which shall be entered true and regular accounts of their receipts, payments, and liabilities with reference to the execution of this Act, which books shall, at all reasonable times, be open, without fee or reward, to the inspection of every person liable to be assessed for the Library Eate ; and the Magistrates 52 LIBBARY ASSOCIATION SERIES. See the General Note at Top of page 47. and Council or Board, as the case may be, shall cause such accounts to be annually audited by one or more competent auditors, not being members of the Committee, after which audit the accounts shall be signed by two of the Magistrates and Council, or two members of the Board, as the case may be, and an abstract thereof similarly signed shall be printed and shall be inserted in one or more newspapers published or circulated in the Burgh or Parish. LANDS, &c., MAY BE APPEOPKIATED, PUECHASED, OE EENTED. 10. The Magistrates and Council or Board, as the case may be, may from time to time appropriate, for the purposes of this Act, any lands or buildings vested in them, and may, out of the Library Eate, or out of money borrowed as herein provided, purchase, feu, or rent any land, or any suitable building ; and may, upon the land so appropriated, rented, feued, or purchased, erect any building suitable for Public Libraries, Public Museums, Schools for Science, Art Galleries, and Schools for Art, or for any one or more of those objects, and may alter or extend any buildings for such purposes, and repair and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite furniture, fittings, and conveniences. PAETS OF 8 AND 9 VICT., CAP. 19 INCOEPOEATED. 11. The clauses and provisions of the Lands Clauses Consoli- dation (Scotland) Act, 1845, with respect to the purchase of lands by agreement, and with respect to the purchase money or compen- sation coming to parties having limited interests, or prevented from treating or not making title, and with respect to conveyances of lands, so far as such clauses and provisions are applicable to purchases, feus, or leases authorised by this Act, and are not herein expressly varied, shall be incorporated with this Act ; and the expression "the special Act" used in such clauses and pro- visions shall be construed to mean this Act ; and the expression "the promoters of the undertaking" used in such clauses and provisions shall be construed to mean the Magistrates and Council, or the Board, as the case may be. LIBEAEY LEGISLATION SCOTLAND. 53 See the General Note at Top of page 47. LANDS, &c., MAY BE SOLD OE EXCHANGED 12. The Magistrates and Council, or the Board, as the case may be, may sell any lands, buildings, or other property vested in them for the purposes of this Act, or exchange the same for any lands, buildings, or other property better adapted for such pur- poses, and the money arising from such sale, and the property received in exchange, shall be applied and held for the purposes of this Act. LANDS, &c., VESTED IN MAGISTEATES, &o., AND BOAEDS. 13. The lands and buildings so to be appropriated, purchased, or rented, and all other real or personal property whatever, pre- sented to or purchased for any Library or Museum established under this Act or to which this Act applies, shall in the case of a Burgh be vested in the Magistrates and Council, and in the case of a Parish in the Board. POWEES OF BOEEOWING. 14. The Magistrates and Council, or the Board, as the case may be, may from time to time borrow at interest on mortgage or bond on the security of the rate to be levied in pursuance of this Act, for the purposes thereof, a sum or sums of money not exceed- ing the capital sum represented by one-fourth part of the Library Eate, authorised by this Act, capitalised at the rate of twenty years purchase of such sum ; and on repayment of such sum or sums, or any part thereof, they may from time to time re-borrow in manner and for the purposes aforesaid, but so that the whole sum borrowed at any one time shall not exceed the amount of the said capital sum after deducting therefrom any sums set apart as a sinking fund as herein-after provided. SINKING FUND. 15. The Magistrates and Council, or the Board, as the case may be, are hereby required to set apart annually, as a sinking fund for the extinction of capital sums, borrowed under the authority of any Library Act in force for the time being, or of this Act, a sum 54 LIBRARY ASSOCIATION SERIES. See the General Note at Top of page 47. equal to at least one-fiftieth part of the money so borrowed, and such sinking fund shall b^ from time to time applied in repayment of the money so borrowed, and to no other purpose whatever, and shall be lodged in a joint stock bank of issue in Scotland, or in- vested in Government securities, or lent out at interest in the name and at the discretion of the Magistrates and Council, or the Board, as the case may be, until the same be applied for the pur- pose before specified. PAETS OF 10 AND 11 VICT., CAP. 16, INCOEPOKATED. 16. The clauses and provisions of the Commissioners Clauses Act, 1847 (a), with respect to the liabilities of the Commissioners, and to legal proceedings by or against the Commissioners, and with respect to mortgages to be executed by the Commissioners, except- ing Sections 84, 86, and 87, shall, unless herein expressly varied, be incorporated with this Act, and the several words and ex- pressions, to which by the last recited Act meanings are assigned, shall in this Act have the same respective meanings, unless there be something in the subject or context repugnant to such construction ; and the expression " the special Act " used in such clauses and provisions herewith incorporated shall mean this Act; and the expression "the Commissioners" shall mean the Magistrates and Council or Board and the Com- mittee in the discharge of their respective duties under this Act. NOTE. (a) See these provisions, page 141. POWEE TO ACCEPT PAELIAMENTAEY GEANT UNDEE CONDITIONS. 17. When the Magistrates and Council, or Board, as the case may be, accept a grant out of moneys provided by Parliament, from any Committee of the Privy Council on Education, towards the purchase of the site, or the erection, enlargement, or repair of any school for science and art, or school for science, or school for art, or of the residence of any teacher in such school, or towards the furnishing of any such school, they shall have power to accept such grant upon the conditions prescribed for the acceptance thereof by the said Committee, and to execute such instruments LIBRARY LEGISLATION SCOTLAND. 55 See the General Note at Top of page 47. as may be required by the said Committee for carrying into effect such conditions, and upon payment of the grant shall, together with their successors, be bound by such conditions and instru- ment, and have power and be bound to fulfil and observe the same. COMMITTEE TO BE APPOINTED. 18. The Magistrates and Council of any Burgh, or the Board of any Parish where this Act has been adopted shall, within one month after its adoption, and thereafter from year to year, in the case of a Burgh, at the first meeting after the annual elec- tion of Town Councillors or Commissioners of Police, and in the case of a Parish, at the first meeting after the annual meeting for the election of representative members of the Parochial Board, appoint a Committee, consisting of not less than ten nor more than twenty members, half of whom shall be chosen from amongst the Magistrates and Council, or Board, as the case may be, and the remaining half from amongst the householders of the Burgh or Parish other than the Magistrates and Council, or Board, and three members of such Committee shall form a quorum. APPOINTMENTS TO VACANCIES IN COMMITTEE. 19. Any member of Committee shall have power to resign office upon giving at least fourteen days previous notice to the Clerk of the Committee of his intention so to resign ; and in the event of any vacancy occurring in the Committee during their term of office by the resignation or death of any member, the Committee shall forthwith cause the same to be intimated to the Magistrates and Council, or Board, and the Magistrates and Council, or Board, as the case may be, may at a meeting there- after elect from among themselves, or from among the householders other than themselves, according to the class in which the vacancy has arisen, a member of Committee in place of the member so resigning or dying, provided that no proceedings of the Committee shall be invalidated or be illegal in consequence of a vacancy or vacancies in the number of the Committee. MEETINGS OF COMMITTEE AND APPOINTMENT OF CHAIRMAN. 20. The Committee appointed as aforesaid shall,, in the 56 LIBRAEY ASSOCIATION SERIES. See the General Note at Top of page 47. case of a Burgh, meet once in every three months, or oftener if necessary, and in the case of a Parish, as often as may be necessary, to determine as to any business falling to be transacted by them, and shall appoint a Chairman from among their own number, who shall hold office until next election of Committee ; and such Chairman shall, in case of equality, have a casting vote in addition to his vote as an individual ; provided that, in the event of a vacancy occurring in the office of Chairman, the Com- mittee shall at the first meeting thereafter appoint a new Chair- man, and in the absence of the Chairman of Committee at any meeting, the meeting shall appoint a Chairman for the time being, who at that meeting shall exercise the privileges of the Chairman of Committee. POWEES OF COMMITTEE. 21. The Committee shall manage, regulate, and control all Libraries and Museums established under this Act, or to which this Act applies ; and shall have power to do all things necessary for such management, including the following powers ; that is to say, To appoint Sub-committees of their own number : To appoint a salaried clerk, and salaried librarians, officers, and servants to act during the pleasure of the Committee, and to pay and dismiss them : To purchase books, newspapers, reviews, magazines, and other periodicals, statuary, pictures, engravings, maps, specimens of art and science, and such other articles and things as may be necessary for the establishment, increase, and use of the Libraries and Museums under their control, and to do all things necessary for keeping the same in a proper state of preservation and repair : To provide from time to time the necessary fuel, lighting, and other matters : To sell or exchange any books, works of art, or other property of which there may be duplicates, provided that the money arising from such sale, and the property received in ex- change, shall be applied and held for the purposes of this Act: LIBRARY LEGISLATION SCOTLAND. 57 See the General Note at Top of page 47. To provide suitable rooms in the Libraries within which the books, periodicals, and newspapers may be read : To lend out, for the purpose of being read by the householders and inhabitants of the Burgh or Parish in and for which the Committee has been appointed, the books of any Library under their control, or such of them as they may consider proper ; and at their discretion to grant the same privilege to the inmates of industrial schools, training ships, reformatories, barracks, and other similar institu- tions, established for or in the Burgh or Parish ; and also to any person carrying on business within the limits of the Burgh or Parish, or to any employee engaged in employment therein, although such person or employee may not be a householder, and may not reside within such limits : To compile and print catalogues of all or any books, articles, and things in the Libraries and Museums under their control, and reports of their proceedings, and to sell the same, the proceeds to be applied for the purposes of this Act. POWEB TO COMMITTEE TO MAKE BYELAWS. 22. It shall be lawful for the Committee to make byelaws for regulating all or any matters and things whatsoever connected with the control, management, protection, and use of any property, articles, or things under their control for the purposes of this Act, and to impose such penalties for breaches of such byelaws, not exceeding five pounds for each offence, as may be considered expedient; and from time to time, as they shall think fit, to repeal, alter, vary, or re-enact any such byelaws, provided always that such byelaws and alterations thereof shall not be repugnant to the law of Scotland, and before being acted on shall be signed by a quorum of the Committee, and, except in so far as they relate solely to the officers or servants of the Committee, such byelaws shall be approved of by the Magistrates and Council, or the Board, as the case may be, and shall be approved of and confirmed by the Sheriff of the County in which the Burgh or Parish, or the greater part of the area thereof, is situated: 58 LIBRARY ASSOCIATION SERIES. See the General Note at Top of page 47. Provided also, that nothing herein contained shall preclude the Magistrates and Council, or Board, as the case may be, from recovering the value of articles or things damaged, or the amount of the damage sustained, against all parties liable for the same. NEWSPAPEE PUBLICATION OF BYELAWS BEFOEE CONFIKMATION, AND TIME AND MANNEK OF STATING OBJECTIONS. 23. No byelaws or alterations thereof requiring confirmation shall be confirmed, as before mentioned, unless notice of the in- tention to apply for confirmation of the same shall have been given in one or more newspapers published and circulated in the District one month at least before the hearing of the application for confirmation, and any party aggrieved by any such byelaws or alterations thereof, on giving notice of the nature of his objec- tion to the Clerk to the Committee ten days before the hearing of the application for confirmation, may, by himself or his counsel, attorney, or agent, be heard thereon, but not so as to allow more than one party to be heard upon the same matter of objection. EXHIBITION OF BYELAWS PEEVIOUS TO CONFIKMATION. 24. For one month at least before any such application for con- firmation of any byelaws or alterations thereof, a copy of such proposed byelaws or alterations shall be kept at the office of the Clerk to the Committee, and shall also be put up in some con- spicuous place in each of the Libraries and Museums of the Com- mittee, and all persons may, at all reasonable times, inspect such copy without fee or reward ; and the Clerk to the Committee shall furnish every person who shall apply for the same with a copy thereof, or of any part thereof, on payment of sixpence for every one hundred words so to be copied. PRINTED COPY OF BYELAWS TO BE PEOVIDED. 25. The Clerk to the Committee shall give a printed copy of the confirmed byelaws, for the time being in force, to every person applying for the same, without charge ; and a copy thereof shall LIBRARY LEGISLATION SCOTLAND. 59 See the General Note at Top of page 47. be painted or placed on boards, and put up in some conspicuous part of each of the Libraries and Museums of the Committee, and such boards with the byelaws thereon shall be renewed from time to time as occasion shall require, and shall be open to inspection without fee or reward. BYELAWS WHEN CONFIRMED AND PUBLISHED TO BE IN FOECE. 26. All byelaws or alterations thereof made and confirmed according to the provisions of this Act, when so published and put up, shall be binding upon and be observed by all parties, and shall be a sufficient warrant for all persons acting under the same. EVIDENCE OF BYELAWS. 27. The production of a written or printed copy of the byelaws requiring confirmation as aforesaid, authenticated by the signature of the Sheriff who shall have confirmed the same, and a written or printed copy of the byelaws not requiring such confirmation, authenticated by the common seal of the Committee, and signed by the Chairman of the Committee at the time when the same were made, shall be evidence of the existence and making of such byelaws in all cases for prosecution under the same, without proof of the signature of such Sheriff, or the common seal of the Com- mittee, or the signature of their Chairman ; and with respect to the proof of the publication of such byelaws it shall be sufficient to prove that a board containing a copy thereof was put up and continued in manner by this Act directed. EECOVEEY OF PENALTIES AND FOEFEITUEES. 28. All penalties and forfeitures exigible under this Act, and the Acts incorporated wholly or partially herewith, or under any byelaw made in pursuance thereof, may be recovered by an ordinary small-debt action in the name of the Clerk to the Com- mittee for the time being before either the Sheriff or Justices of the district ; and the same shall be payable to the Committee, and shall, when recovered, be applied by them for the purposes of this Act ; and in any prosecution under this Act an excerpt 60 LIBRARY ASSOCIATION SERIES. See the General Note at Top of page 47. from the books of the Committee, certified by the Clerk or other proper officer, shall be held equivalent to the books of the Com- mittee, and all entries in the books of the Committee bearing that any book or books mentioned or referred to therein has or have been borrowed by the person complained against shall be taken and received as evidence of the fact, and the onus probandi shall be thrown on the party complained against, and if decree passes against such party, he shall be found liable in costs. ACTIONS BY OR AGAINST COMMITTEE. 29. All actions at the instance of the Committee shall be brought in name of the Clerk to the Committee, and in all actions against the Committee, it shall be sufficient to call the Clerk to the Com- mittee for the time being as defender, and service on him shall be sufficient service ; and all actions brought by or against the Clerk to the Committee in his official character shall be continued by or against his successors in office without any action of transference. ESTIMATES TO BE MADE UP. 30. The Committee shall in the month of April in every year make up, or cause to be made up, an estimate of the sums required in order to defray the interest of any money borrowed, the pay- ment of the sinking fund, and the expense of maintaining and managing all Libraries or Museums under their control for the year after Whitsunday then next to come, and for the purpose of purchasing the books, articles, and things authorised by this Act to be purchased for such Libraries or Museums, and shall report the same to the Magistrates and Council in the case of a Burgh, or to the Board in the case of a Parish, and the Magistrates and Council or the Board, as the case may be, shall provide the amount required out of the Library rate to be levied by them, and shall pay over to the Committee the sum necessary for the annual ex- penditure by them in terms of their estimate. POWER TO ADD TO INSTITUTIONS ESTABLISHED. 31. Where any of the following institutions, namely, a Public Library, a Public Museum, a School for Science and Art, a School LIBRARY LEGISLATION SCOTLAND. 61 See the General Note at Top of page 47. for Science, a School for Art, or an Art Gallery has been estab- lished under any Public Library Act in force for the time being, or under this Act, there may at any time be established, in con- nection therewith, any other of the said institutions without further proceedings being taken for the adoption of this Act. LIBEAKIES, &c., TO BE FEEE. 32. All Libraries, Museums, or Art Galleries established under this Act, or to which this Act applies, shall be open to the public free of charge, and no charge shall be made for the use of books or magazines issued for home reading. SCHEDULES. SCHEDULE (A). PROCEDURE FOR DETERMINING BY VOTING PAPER AS TO THE ADOPTION OP THE ACT. 1. Upon receipt of the requisition specified in the Act, the Chief Magis- trate or the Sheriff, as the case may be, shall, without unnecessary delay, cause to be printed, and to be delivered or sent by post to each householder, an intimation and a voting paper, in the respective forms appended hereto, and the intimation may be prefixed to the voting paper and on the same paper therewith, or may be printed separately, provided it be delivered or posted simultaneously with the voting paper. 2. In the case of a Burgh, the voting paper shall bear the number of the householder on the municipal register, and where the Burgh is divided into wards, the number of the ward ; and in the case of a Parish the voting paper shall bear a number relative to the entry of the householder in a copy of the valuation roll applicable to such Parish, or in a list of the householders in such Parish, which copy or list, distinguishing the amount of rental at which each person is assessed, the assessor, under the Acts in force for the valuation of lands and heritages in Scotland, is hereby required to make, certify, and furnish to the Sheriff, within fourteen days of an application by him to that effect, on payment of a fee of not more than one shilling for each hundred names ; and such copy or list, certified as aforesaid, shall be sufficient proof of the qualification of the householders named therein. 62 LIBEABY ASSOCIATION SERIES. See the General Note at Top of page 47. 3. The intimation furesaid shall specify the place at which the voting paper is to be collected, and shall also specify a day for collection, herein- after called the day of the poll, being not less than three lawful days, nor more than ten days from the last date of the delivery or of the posting of the voting papers to the householders. 4. The Chief Magistrate or the Sheriff, as the case may be, shall, before the issue of such voting papers, appoint a competent person as collector thereof, on such terms and for such remuneration as may be reasonable ; and he shall also, by himself or through the collector aforesaid, at any time before or during the collection or scrutiny of the voting papers, appoint such number of assistant collectors as may be necessary for carrying out of the procedure herein specified. 5. The Chief Magistrate or the Sheriff, as the case may be, shall, at least three days previous to the day of the poll, intimate such day and the place or places and hours fixed for collecting such votes by advertisement in one or more newspapers published or circulating in the Burgh or Parish ; and the said advertisement shall also specify the name of the collector appointed as aforesaid, and an address where voting papers may be received from such collector, in terms of the immediately succeeding article. 6. The collector, or an assistant collector, shall attend at the address specified in such advertisement for at least three specified hours of each of the two lawful days immediately preceding the day of the poll, and shall, on the application of any householder, and on being satisfied that such householder has not already received a voting paper, supply a voting paper to such applicant ; and the collector, or any assistant collector, shall, at any time after the issue of the voting papers, and before seven o'clock after- noon of the day of the poll, on being satisfied that a voting paper has been inadvertently lost, destroyed, or rendered useless, have power to supply a duplicate voting paper, which shall be marked " duplicate " before being issued. 7. Voting papers duly filled up and subscribed by the householders, to whom the same are respectively applicable, may be transmitted by post to the collector, at the address specified in the foresaid advertisement, provided that such voting papers reach the collector before eight o'clock of the after- noon of the day of the poll, and that the householders so transmitting pre- pay the postage thereof, otherwise the same shall not be received. 8. On the day of the poll the Chief Magistrate, or the Sheriff, as the case may be, shall cause the place or places specified in the intimation accom- panying the voting paper to be kept open from eight o'clock morning till eight o'clock afternoon, and such place, or each of such places, if more than one, shall be under the charge of the collector, or of an assistant collector, who shall give his personal attendance during the hours specified LIBKABY LEGISLATION SCOTLAND. 63 See the General Note at Top of page 47. for the purpose of receiving all voting papers which may be handed to him. 9. In the case of a Burgh divided into wards, there shall be at least one place for the collection of voting papers in each ward, and in any Burgh or Parish where more than one place for collection shall have been appointed, the collection in all of such places shall take place on the same day, and the intimation accompanying the voting paper shall specify the particular place where such voting paper is to be collected. The collector, or assis- tant collector, in charge of any such place for collection shall not be bound to receive a voting paper which shall have been directed to be lodged at some other such place. 10. Where any householder is unable to write, he may attach his mark to the voting paper, provided that 'such voting paper be signed b}^ a wit- ness, whose address shall be appended to his signature. 11. Any person fabricating a voting paper, or presenting or returning a fabricated voting paper, or any voting paper, knowing that the same does not bear the true signature of the householder to whom such voting paper is intended to apply, shall be guilty of personation, and shall be liable to the penalties of that offence as set forth in the Ballot Act, 1872. 12. No voting paper shall be received after eight o'clock afternoon of the day of the poll ; and in the event of there being more than one place for collection, each assistant collector shall immediately after the close of the poll transmit the voting papers received by him to the collector, and the whole voting papers shall thereafter be under the charge of the collector subject to the directions of the Chief Magistrate, or of the Sheriff, as the case may be. 13. The collector, subject as aforesaid, shall, as soon as may be after the conclusion of the poll, proceed to a scrutiny of the voting papers, and shall, with such assistance as may be necessary, compare the same with the municipal register, or with the copy roll, or list of householders, as the case may be, and shall ascertain how far the voting papers have been filled up in terms of the directions thereon, and have been duly signed by the house- holders to whom such voting papers were respectively issued ; and im- mediately on the conclusion of such scrutiny he shall report to the Chief Magistrate, or to the Sheriff, as the case may be, the number of house- holders who have voted for the adoption of the Act, and the number who have voted against its adoption. He shall also report the total number of voting papers received, and the number, if any, which have been rejected by him, and the cause of such rejection. 14. Upon receiving the report of the collector, the Chief Magistrate, or the Sheriff, as the case may be, shall, if satisfied of the accuracy of such re- port, cause the result of the poll to be made public in such manner as he shall think most expedient. 64 LIBRARY ASSOCIATION SERIES. See the General Note at Top of page 47. FORM OP INTIMATION. Public Libraries Consolidation (Scotland) Act, 1887. Burgh [or Parish] of No. [insert number of householder on register, roll, or list], [Insert place and date of issue]. To [insert name of householder]. In terms of the Public Libraries Consolidation (Scotland) Act, 1887, I have to intimate that a requisition having been presented to me by the prescribed number of householders of the Burgh [or Parish] of to take the opinion of the householders as to whether the Act should be adopted in said Burgh [or Parish], I have caused the subjoined [or accom- panying] voting paper to be issued to you as a householder of said burgh [or Parish], which voting paper, duly filled up and subscribed by you, will be received within [name of place] on the day of next, between the hours of eight o'clock morning and eight o'clock afternoon. The voting paper may be delivered personally or by a messenger, pro- vided it bear your signature. In lieu of delivery of the voting paper in manner above mentioned, it is competent to any householder to post it addressed to [name and address of collector], provided the postage be prepaid, and that the voting paper reach the collector before eight o'clock afternoon of the said [insert day of poll]. The risk of delivery before the hour specified rests with the householder adopting this method of return. (Signed) A.B., Chief Magistrate, [or Sheriff]. FORM OF VOTING PAPER. Public Libraries Consolidation (Scotland) Act, 1887. Burgh [or Parish] of No. [insert number of householder on register, roll, or list]. VOTING PAPER. To be delivered on the day of 18 [insert day of poll] between the hours of eight o'clock morning and eight o'clock afternoon, at [insert place of collection]. In reply to the question whether the Public Libraries Consolidation (Scotland) Act, 1887, should be adopted by the Burgh [or Parish] of I vote * [Signature of householder.] * Fill in " Yes " or " No," according as the voter does, or does not, desire the adoption of the Act. LIBRARY LEGISLATION SCOTLAND. 65 See the General Note at Top of page 47. NOTE. Any person fabricating a voting paper, or presenting or returning a fabricated voting paper, or any voting paper, knowing that the same does not bear the true signature of the householder to whom such voting paper is intended to apply, is guilty of personation, and is liable tc the penalties of that offence as set forth in the Ballot Act, 1872. SCHEDULE (B). PROCEDURE FOR DETERMINING BY PUBLIC MEETING AS TO THE ADOPTION OF THE ACT. 1. Upon receipt of the requisition specified in the Act, the Chiel Magistrate, or the Sheriff, as the case may be, shall convene a meeting ol the householders in some convenient place within the Burgh or the Parish as the case may be, for the purpose of determining whether the Act shall be adopted within such Burgh or Parish. 2. Such meeting shall be held on a day not less than fourteen days or more than thirty days after the receipt of the requisition, and notice of the meeting shall be given not less than seven days preceding its date by posting within the Burgh or Parish, as the case may be, handbills in the form annexed hereto, arid also by advertisement, in the said form, inserted at least once in every daily newspaper published within the Burgh or Parish, as the case may be, and in the event of there being no daily news- paper so published, then at least once in one or more newspapers published or circulating within the Burgh or Parish. 3. The Chief Magistrate, in the case of a Burgh, shall provide himself with a copy of the municipal register, and the Sheriff, in the case of a Parish, shall provide himself with a copy of the valuation roll applicable to such Parish, or a list of the householders therein, which copy or list shall be made, certified, and furnished to the Sheriff on his application in the manner directed in Schedule (A). 4. At the meeting called as aforesaid all householders on the municipal register, in the case of a Burgh, or on the copy or list furnished and certified as aforesaid, in the case of a Parish, shall be entitled to vote, and no other person or persons whatever shall be so entitled, and the Chief Magistrate, or the Sheriff, as the case may be, shall take such measures as may be necessary for the exclusion of non -qualified persons from the meeting, or for preventing such persons from voting, and for securing that the votes of such persons, if given, shall not be counted ; and, if necessary for this purpose, he may require that every householder intending to be present at the meeting, or present thereat, shall enter his name and address on a card to be furnished to him, and that all such cards shall be 5 66 LIBRARY ASSOCIATION SERIES. See the General Note at Top of page 47. delivered up before entering the meeting, or before the votes are recorded ; and every person knowingly and falsely representing himself to be a householder in such Burgh or Parish, and as such entitled to vote, shall be guilty of personation, and shall be liable to the penalties of that offence as set forth in the Ballot Act, 1872. 5. The Chief Magistrate, or the Sheriff, as the case may be, shall attend and shall preside at the meeting, and shall appoint a clerk who shall make regular minutes of. the proceedings thereof, and the Chief Magistrate, or Sheriff, as the case may be, shall in case of equality have a casting vote. 6. The result of the vote, whether for or against the adoption of the Act, shall be announced by the Chief Magistrate, or Sheriff, as the case may be, at the meeting itself, or in any other way he may think most expedient, provided such announcement be made with out unnecessary delay. FORM OF NOTICE OF PUBLIC MEETING. Burgh [or Parish] of Notice is hereby given, that under and in virtue of the powers con- tained in the Public Libraries Consolidation (Scotland) Act, 1887, the householders of the Burgh [or Parish] of are required to meet upon the day of next, at o'clock, within when a vote will be taken as to whether the Act shall be adopted by the said Burgh [or Parish]. [In the case of a Burgh add] By the Act "householders" are defined to mean " all persons entered on the municipal register," and " municipal register " is defined to mean " the register, list, or roll of persons entitled to vote in an election of Town Councillors or Commissioners of Police in a Burgh, made up according to the law in force for the time being". [In the case of a Parish add] By the Act " householders " are defined to mean " all persons entitled to vote in the election of a School Board in a Parish under the provisions of the Education (Scotland) Act, 1872, and any Act amending the same ". [The Chief Magistrate, or the Sheriff, as the case may be, may append any regulations he may think expedient for securing order, and for affecting the purpose of the meeting.] Dated at the day of 18 (Signed) A.B., Chief Magistrate, [or Sheriff]. LIBRARY LEGISLATION SCOTLAND. 67 See the General Note at Top of page 47. XVIIL EDINBUEGH PUBLIC LIBEAEY ASSESS- MENT ACT, 1887. 50 & 51 VICT., CH. 85. An Act to provide for the levying of the Assessments under the Public Libraries (Scotland) Acts in the city of Edinburgh ; and for other purposes. [5th July, 1887.] Whereas the Municipal and Police Administration of the City and Eoyal Burgh of Edinburgh and other matters connected there- with are vested in and managed by the Lord Provost, Magistrates, and Council of the said City (herein-after called the Magistrates and Council ") under, among others, the Edinburgh Municipal and Police Act, 1879 (herein-after referred to as "the Act of 1879 ") ; the Edinburgh Municipal and Police Extension Act, 1882 (herein- after referred to as " the Act of 1882 ") ; the Edinburgh Extension and Sewerage Act, 1885 (herein-after referred to as " the Act of 1885"), and the Edinburgh Improvement Act, 1887 (herein-after referred to as " the Act of 1887 "), which said Acts are together herein-after referred to as " the Edinburgh Municipal and Police Acts, 1879 to 1887 " : And whereas the Public Libraries (Scotland) Acts, 1867 to 1884, have been adopted by and are now in operation within the Burgh of Edinburgh : And whereas it is expedient, and would, in the administration and management of the financial affairs of the City, be convenient that the levying and recovering of assessments, and exemptions therefrom, borrowing money, sinking fund, and repayment of mcney borrowed under and for the purposes of the said Public Libraries (Scotland) Acts, 1867 to 1884, and the keeping, audit- ing, and authenticating, and publishing of accounts under these Acts, should be brought within and administered and managed under the powers, provisions and exemptions of the Act of 1879, as extended by the Act of 1882, by the Act of 1885, and by the Act of 1887 : And whereas the aforesaid objects and purposes cannot be effected without the authority of Parliament : May it therefore please Your Mjijgpty that it may be enacted, 68 LIBEAEY ASSOCIATION SERIES. See the General Note at Top of page 47. and be it enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : SHOET TITLE. 1. This Act may be cited for all purposes as the Edinburgh Public Library Assessment Act, 1887, and where the Acts of 1879, 1882, 1885 and 1887, are referred to in conjunction with this Act they may be cited as the Edinburgh Municipal and Police Acts, 1879 to 1887. INTEEPEETATION OF TEEMS. 2. In this Act the following words and expressions shall have the several meanings by this section assigned to them, unless there be something in the subject or context repugnant to that construction, that is to say : The expression " the Burgh " means and shall include the Burgh as defined in the Edinburgh Municipal and Police Acts, 1879 to 1887 ; And the words and expressions construed in the Acts of 1879, shall, if and when used in this Act, and when not inconsistent with the above construction, respec- tively have the same meanings attached to them as in the Act of 1879. PEOVISIONS AS TO ASSESSMENT UNDEE PUBLIC LIBEAEIES ACTS. 3. The Magistrates and Council, as the authority under the Public Libraries (Scotland) Acts, 1867 to 1884, may, as from the fifteenth day of May, one thousand eight hundred and eighty- seven, impose, assess, levy and recover from the persons and pro- perty liable therefor the rate authorised to be levied and assessed by and for the purposes of the said Acts, or of any Acts relating to Public Libraries in Scotland in force for the time, as part of the Burgh assessments under and in conformity with the provisions applicable to assessments of t^A Edinburgh Municipal and Police LIBBAEY LEGISLATION SCOTLAND. 69 See the General Note at Top of page 47. Acts, 1879 to 1887, and with and under the powers, provisions and exemptions as are provided with respect to the assessments leviable under the said last-mentioned Acts : Provided always that such rate shall not exceed the rate authorised by the said Public Libraries (Scotland) Acts, 1867 to 1884, or by any Acts re- lating to Public Libraries in Scotland in force for the time. POWEE TO BOEEOW FOE PUEPOSES OF PUBLIC LIBEAEIES ACTS. 4. The Magistrates and Council, as the authority aforesaid under the Public Libraries .(Scotland) Acts, 1867 to 1884, may borrow money for and in connection with the purposes of the said Acts, on the security of the rate authorised by these Acts, or by any Acts relating to Public Libraries in Scotland in force for the time, under and in accordance with the Act of 1879 ; and the powers and provisions of the Act of 1879, with respect to the borrowing of money, shall be and are hereby made appli- cable to the money so to be borrowed and to the mortgages, assignations, interest warrants and discharges to be granted in security thereof and to the sinking fund for the repayment of money so borrowed, in the same way and manner as if the mone) so to be borrowed for the said purposes were borrowed, and the mortgages, assignations, interest warrants and discharges so granted under the authority of this Act had been borrowed or granted under the authority of the Act of 1879, and the sections as to borrowing of money in the Act of 1879 are incorporated herewith, and the powers and provisions therein contained shall be held to apply to the said purposes and to the money borrowed under the authority of this section, as if such sections of the Act of 1879 were for the said purposes re-enacted herein : Provided always, that the money to be borrowed for the purposes of the said Public Libraries (Scotland) Acts, 1867 to 1884, shall not exceed the sum authorised to be borrowed by these Acts, or by any Acts relating to Public Libraries in Scotland in force for the time. APPLICATION OF MONEY BOEEOWED. 5. The sums which may be borrowed by the Magistrates and Council for the purposes of this Act, shall be applied only to purposes to which capital is properly applicable. 70 LIBEABY ASSOCIATION SERIES. See the General Note at Top of page 47. MANNEE OF KEEPING, &o., ACCOUNTS. 6. The Magistrates and Council may, notwithstanding any provision to the contrary contained in the said Public Libraries (Scotland) Acts, 1867 to 1884, cause the accounts of their re- ceipts, payments and liabilities with reference to the execution of the said Acts, to be kept, audited, authenticated and published in the same way and manner, and under the same provisions, as are prescribed in the Act of 1879 with reference to the keeping, making up and publishing of accounts, and also in conformity with the provisions of any public general Act relating to Burgh accounts, and the sections of the Act of 1879 with respect to the said accounts shall be held to be incorporated herewith and be applicable in all respects to the objects and purposes of the said Public Libraries Acts. COSTS OF ACT. 7. The costs, charges and expenses of and incident to the preparing for, obtaining and passing of this Act, so far as relates to Public Library purposes, shall be paid out of the Burgh assess- ments, or the money to be borrowed under the authority of this Act. LIBEAEY LEGISLATION IRELAND. 71 I R ELAND. GENEEAL NOTE. Reference may be made to the cor- responding sections in the English Acts, but it should be distinctly borne in mind that all amendments of the Irish Acts are set forth here. The principal Act of 1855, wherever it has been amended, is printed half across the page and on the left side, and the amending clauses of later Acts are placed opposite. The Roman numerals refer to the Summary of Acts, page 88 et seq. PUBLIC LIBRARIES AND MUSEUMS. 18 AND 19 VICT., CAP. 40. An Act for further promoting the establishment of Free Public Libraries and Museums in Ireland. [26th June, 1855.] Whereas it is expedient to amend the Act of the Sixteenth and Seventeenth Years of Her present Majesty, Chapter one hundred and one, and to give greater facilities for the establish- ment in Ireland of Free Public Libraries and Museums or Schools of Science and Art (a) : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 16 AND 17 VICT., CAP. 101, AND SECTION 99 OF 17 AND 18 VICT., CAP. 103. EEPEALED. 1. The said Act of the Sixteenth and Seventeenth Years of Her present Majesty, Chapter one hundred and one, and Section ninety-nine of the Towns Improvement Act (Ireland), 1854, are hereby repealed ; but such repeal shall not invalidate or affect anything already done in pursuance of either of such Acts ; and all Public Libraries and Museums established in Ireland under either of those Acts shall be considered as having been established under this Act. NOTE. (a) And Schools of Music (see Section 12 and amendment thereof, page 77, and see also Section 9 and amendment, page 75. 72 LIBKAEY ASSOCIATION SEEIES. See the General Note at Top of page 71. SHOET TITLE. 2. ID citing this Act for any purpose whatever, it shall be sufficient to use the expression " The Public Libraries Act (Ireland), 1855". INTEEPEETATION OF TEEMS. 3. In the construction and for the purposes of this Act (if not inconsistent with the context or subject matter) the following terms shall have the respective meanings herein-after assigned to them ; that is to say, " Town " shall mean and XIV. THE PUBLIC LIBRARIES ACTS AMENDMENT ACT, 1877, CAP. 54 Section 3. "Ratepayers" shall mean every inhabitant (a) who would have to pay the Free Library assess- ment in event of the Act being adopted (6). include any City, Borough, Town, or place in which Commissioners, Trustees, or other persons have been or shall be elected or appointed under the Act of the Ninth Year of King George the Fourth, Chapter eighty-two, or the " Towns Improvement Act (Ireland), 1854," or any Local or other Act or Acts for paving, nagging, lighting, watching, cleansing, or otherwise improving any City, Borough, Town, or place, for the execution of any such Act or Acts, or superintending the execution thereof, and in which there shall not be a Town Council or other such body elected under the Act of the Third and Fourth Years of Her present Majesty, Chapter one hundred and eight, or any other Charter granted in pursuance of such Act, or any Act passed for the amendment thereof ; " Town Commissioners " shall mean the Commissioners, Trustees, or other persons for the time being elected or appointed under any such first-mentioned Acts as aforesaid ; " Town Fund " shall mean the Town Fund, or the Rates or Property vested in and under the control and direction of any Town Commissioners, and applicable to the purposes of any such Acts ; " Town Rate " shall mean the Rate or Rates authorised to be levied by any such Town Commissioners; "Mayor" shall include Lord Mayor; "Clerk" shall mean, as regards an incorporated Borough, the Town Clerk of such Borough, and as regards a Town in which there shall be Town Commis- sioners, the Clerk appointed by the Town Commissioners; "Householder" shall mean a male occupier of a dwelling house, or of any lands, tene- ments, or hereditaments within any Town or incorporated Borough, and entitled for the time being to vote at elections of Commissioners, Alder- men, or Councillors in such Town or Borough. NOTES. (a) i.e., whether male or female. See, however, the definition of " householder " in Sec- tion 3 of the principal Act. LIBRAE Y LEGISLATION IRELAND. 73 See the General Note at Top of page 71. (6) This Act was expressed to be repealed by the Act of 1890, but since it did not extend to Scotland and Ireland the above provision is assumed to be still applicable there. The Act of 1890 has itself been repealed by the Act of 1892. ACT MAY BE ADOPTED IN ANY INCORPORATED BOROUGH OR ANY TOWN. XIV. THE PUBLIC LIBRARIES ACTS AMENDMENT ACT, 1877, CAP. 54. Voting Papers, Section 1. It shall be competent 4. The Council or Board of Muni- cipal Commissioners of any incor- porated Borough in Ireland regulated under the said Act of the Third and Fourth Years of Her present Majesty, Chapter one hundred and eight, or any Charter granted in pur- suance of such Act, or any Act passed for the amendment thereof, the po- pulation of which, according to the then last census thereof, shall exceed five thousand persons, or the Town Commissioners of any Town in Ireland having such a population as aforesaid, may, if they think fit, appoint a time for a public meeting of the householders of the Borough or Town, as the case may, be, in order to determine whether this Act for the prescribed Local Authority in any place or community which has the power to adopt one of the above recited Acts to ascertain the opinions of the majority of the rate- payers, either by the prescribed public meeting, or by the issue of a voting paper to each ratepayer, and the subsequent collection and scrutiny thereof, and any expense in connec- tion with such voting papers shall be borne in the same way as the expense of a public meeting would be borne, and the decision of the majority so ascertained shall be equally binding (6). shall be adopted for the Borough or Town, and ten days' notice at least of the time, place, and object of the meeting shall be given by affixing the same on or near the door of every Church and Chapel within the Borough or Town, and also by advertising the same in one or more of the news- papers published or circulated within the Borough or Town seven days at least before the day appointed for the meeting ; and if at such meeting two-thirds of such persons as aforesaid then present shall determine that this Act ought to be adopted for the Borough or Town, the same shall thenceforth take effect and come into operation in such Borough or Town, as the case may be, and shall be carried into execution, in accordance with the laws for the time being in force relating to the Municipal Corporation of such Borough, or relating to such Town (a). NOTES. (a) The limit of population and the majority of two-thirds is not repealed. (6) See note (a) to Section 3, page 72. There may be a limit in the amount of the assess- ment (see Section 8, page 75). 74 LIBEABY ASSOCIATION SEEIES. See the General Note at Top of page 71. EXPENSES OF CAEEYING ACT INTO EXECUTION IN A BOEOUGH OE TOWN TO BE PAID OUT OF THE BOEOUGH FUND OE TOWN FUND. 5. The expenses incurred in calling and holding the meeting, whether this Act shall be adopted or not, and the expenses of carrying this Act into execution in such Borough, shall be paid out of the Borough Fund, and in such Town out of the Town Fund ; and the Council, or Board of Municipal Com- missioners, or Town Commissioners, may levy as part of the Borough Eate or Town Eate, as the case may be, or by a separate Eate to be assessed and recovered in like manner as the Borough Eate or Town Eate, all moneys from time to time necessary for defraying such expenses ; and distinct accounts shall be kept of the receipts, payments, and liabilities of the Council with refer- ence to the execution of this Act. ACCOUNTS TO BE AUDITED AND SENT TO THE LOED LIEUTENANT, &o. ; TO BE DEPOSITED AND OPEN TO INSPECTION 6. Such accounts shall be audited in the same way as all other accounts of such Borough or Town respectively are audited, and the said Council or Board or Town Commissioners shall, within one month after the same shall have been audited, transmit to the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being a true and correct copy of such accounts ; and shall also within the time aforesaid cause a copy of such accounts to be deposited in the office of the Clerk ; and the said accounts shall be open to the inspection of all householders of such Borough or Town respectively, and copies thereof shall be delivered to any such householder applying for the same, upon payment of a reasonable charge for the same, to be fixed by the Council or Board or Town Commissioners, as the case may be. COMMISSIONEES OF TOWNS ADOPTING THIS ACT TO BE INCOEPOEATED FOE PUEPOSES OF ACT. 7. The Town Commissioners of every Town adopting this LIBEARY LEGISLATIONS-IRELAND. 75 See the General Note at Top of page 71. Act shall for the purposes thereof be a body corporate, with perpetual succession, by the name of " The Commissioners for Public Libraries and Museums for the Town of in the County of ," and by that name may sue and be sued, and hold and dispose of lands, and use a common seal. BATE NOT TO EXCEED ONE PENNY IN THE POUND. MAXIMUM BATE MAY BE LESS THAN ONE PENNY. 8. The amount of the Rate to be levied in any Borough or Town in any one year for the pur- poses of this Act shall not exceed the sum of One Penny in the Pound, and in any such Borough shall be assessed, raised, collected, and levied in the same manner as the Borough Rate, and in any such Town shall be assessed, raised, collected, and levied in the same manner as the Town Rate. NOTE. (it) See Note (a) to Section 3, page 73. XIV. THE PUBLIC LIBRARIES ACTS AMENDMENT ACT, 1877, CAP. 54. A ssessment. Section 2. In addition to the simple vote " Yes " or " No " to the adoption of the Act, such voting paper may stipulate that its adoption shall be subject to a limitation to some lower rate of assessment than the maximum allowed by Act of Parliament in force at the time, and such lower limit, if once adopted, shall not be subsequently altered ex- cept by public vote similarly taken (a). LANDS, &c., MAY BE APPBOPBIATED, PUBCHASED, OB BENTED FOB THE PUBPOSES OF THIS ACT. 9. The Council or Board of any Borough and the Town Commis- sioners of any Town respectively may from time to time, with the approval of Her Majesty's Treasury, appropriate for the purposes of this Aet any Lands vested, as the case may be, in a Borough in the Mayor, Aldermen, and Burgesses, and in a Town in the Town Commissioners, and may also, with such approval, XV. THE PUBLIC LIBRARIES ACT, 1884. Section 2. Whereas . . . section nine of the Public Libraries Act (Ireland), 1855, as regards Ireland, provides for the erection of build- ings " suitable for Public Libraries, or Museums, or both, or for Schools for Science or Art" : . . . and doubts are entertained as to the meaning of those provisions : Now, 76 LIBRARY ASSOCIATION SERIES. See the General Note at Top of page 71. therefore, it is hereby declared and enacted that Buildings may under the said sections be erected for Public Libraries, Public Museums, Schools for Science, Art Gal- leries, and Schools for Art, or for any one or more of those objects (a). purchase or rent any lands or any suitable buildings, and the Council or Board and Town Commissioners respectively may, upon any lands so appropriated, purchased, or rented respectively, erect any buildings suitable for Public Libraries or Museums or Schools of Science and Art, or both (6), and may apply, take down, alter, and extend any build- ings for such purposes, and rebuild, repair, and improve the same respec- tively, and fit up, furnish, and supply the same respectively with all requisite furniture, fittings, and conveniences. NOTES. (a) Also Schools of Music (?) see Section 12 and Amendments thereof, page 77. (b) See the amending Section opposite. PEOVISIONS OF 8 AND 9 VICT., CAP. 18, INCOEPO- EATED WITH THIS ACT. 10. "The Lands Clauses Consolidation Act 1845," shall be incorporated with this Act ; but the Council or Board, and Commissioners respectively shall not purchase or take any lands otherwise than by agreement. LANDS, &c., MAY BE SOLD OE EXCHANGED. 11. The Council or Board and Commissioners aforesaid respectively may, with the like approval as is required for the purchase of lands, sell any lands vested in the Mayor, Aldermen, and Burgesses, or Board, or Town Commissioners respectively, for the purposes of this Act, or exchange the same for any lands better adapted for the purposes ; and the moneys to arise from such sale, or to be received for equality of exchange, or a suffi- cient part thereof, shall be applied in or towards the purchase of other lands better adapted for such purposes. LIBEAEY LEGISLATION IRELAND. 77 See the General Note at Top of page 71. GENEEAL MANAGEMENT TO BE VESTED IN COUNCIL OE BOAED, OE TOWN COMMISSIONEES. 12. The general management, regulation, and control of such Libraries and Museums or Schools of Science and Art shall be, as to any Borough, vested in and ex- ercised by the Council or Board, and as to any Town, in and by the Town Commissioners, or such Com- mittee as they respectively may from time to time appoint, who may from time to time purchase and provide the necessary fuel, lighting, and other similar matters, books, newspapers, maps, and specimens of art and science, for the use of the Library or Museum, and cause the same to be bound, or repaired, when necessary, and appoint salaried officers and servants, and dismiss the same, and make rules and regulations for the safety and use of the Libraries and Museums or Schools of Science and Art, and for the admission of visitors. XIII. THE PUBLIC LIBRARIES (IRE- LAND) AMENDMENT ACT, 1877, CAP. 15. Powers of Principal Act Extended to Schools of Music. Section 3. The terms " Science and Art " and " Schools of Science and Art " used in the said principal Act shall be deemed to include the Science and Art of Music and Schools of Music respectively ; and the Council or Board of any Borough or the Town Commissioners of any Town shall be at liberty to apply such portion as they may deem fit of the rate which they are or may be authorised to levy, under the pro- visions of the principal Act, towards the maintenance and support of, and payment of the salaries of teachers of a School or Schools of Music, and the purchase of musical instruments, books, and other requisites for the use of such School or Schools. CONSTITUTION OF THE COMMITTEE OF MANAGEMENT. XIII. THE PUBLIC LIBRARIES (IRELAND) AMENDMENT ACT, 1877, CAP 15. Section 4. The Committee in which the general management, regula- tion, and control of such Libraries, Museums, or Schools may be vested under the provisions of the twelfth section of the principal Act, may con- sist in part of persons not members of the Council or Board, or Com- missioners, 78 LIBEAEY ASSOCIATION SERIES. See the General Note at Top of page 71. SCHOOLS OF AET. XV. THE PUBLIC LIBEAEIES ACT, 1884. Section 1. Whereas doubts have arisen as to whether authorities acting under the Public Libraries Acts, have power to fulfil the conditions required for a Parliamentary grant in aid of the establishment of a School of Science and Art, and it is expedient to remove such doubts : It is therefore hereby declared and enacted that, Where any authority acting under the Public Libraries Acts accepts a grant out of moneys provided by Parliament from any Committee of the Privy Council on Education towards the purchase of the site, or the erec- tion, enlargement, or repair of any School for Science and Art, or School for Science, or School for Art, or of the residence of any teacher in such school, or towards the furnishing of any such school, such authority shall have power to accept such grant upon the conditions prescribed for the acceptance thereof by the said Committee, and to execute such instruments as may be required by the said Committee for carrying into effect such conditions, and upon payment of the grant shall, together with their suc- cessors, be bound by such conditions and instrument, and have power and be bound to fulfil and observe the same. POWEE TO ESTABLISH MUSEUM. XV. THE PUBLIC LIBKAEIES ACT, 1884. Section 3. Where any of the following institutions, namely, a Public Museum, a Public Library, a School for Science and Art, a School for Science, a School for Art, or an Art Gallery has been established either before or after the passing of this Act under the Public Libraries Acts, or any of them, there may at any time be established in connection therewith any other of the said institutions without any further proceedings being taken under the said Acts. NOTE. See Section 9 and amendments thereof, page 75. POWEES TO BOEEOW ON MOETGAGB. XIII. THE PUBLIC LIBEAEIES (!EELAND) AMENDMENT ACT, 1877, CAP. 15. Section 5. For carrying the principal Act and this Act into execution the Council, Board, or Commissioners respectively may, with the approval of the Commissioners of Her Majesty's Treasury, from time to time borrow, ut interest, on the security of a mortgage or bond of the Borough Fund or the Town Fund, or of the rates levied in pursuance of the principal Act, such sums of money as may be by them respectively required, and the Commissioners of Public Works in Ireland may from time to time advance and lend any such sums of money. The clauses and provisions of the LIBRAKY LEGISLATION IRELAND. 79 See the General Note at Top of page 71. Companies Clauses Consolidation Act, 1845, with respect to the borrowing of money on mortgage or bond, and the accountability of officers, and the recovery of damages and penalties, so far as such provisions may respec- tively be applicable to the purposes of the principal Act and of this Act, shall be respectively incorporated there with (a). NOTE. (a) See these provisions, page 129. PEOPEETY OF LIBEAEY, &o., TO BE VESTED IN COUNCIL, BOAED AND COMMISSIONERS EESPECTIVELY. 13. The lands and buildings so to be appropriated, purchased, or rented as aforesaid, and all other real and personal property whatever presented to or purchased for any Library or Museum or School of Science and Art (a) established under this Act, shall be vested, in the case of a Borough, in the Mayor, Aldermen, and Burgesses, and in the case of a Town in the Town Commissioners. NOTE. (a) Or School of Music (see Section 12 and amendments thereof, page 77). IF MEETING DETERMINE AGAINST ADOPTION OF ACT, NO FEESH MEETING TO BE CALLED FOE ONE YEAE. 14. If any meeting called as hereinbefore provided to con- sider as to the adoption of this Act for any Borough or Town shall determine against such adoption no meeting for a similar purpose shall be held for the space of one year at least from the time of holding the previous meeting. LIBEAEIES AND MUSEUMS TO BE FEEE. 15. The admission to all Libraries and Museums established under this Act shall be open to the public free of all charge. THIS ACT TO BE INCOEPOEATED WITH LOCAL ACTS IN FOECE IN BOEOUGH OE TOWN. 16. Upon the coming into operation of this Act in any Borough, it shall, as regards such Borough, be incorporated with the said Act of the Third and Fourth Victoria, Chapter one hundred and eight, and upon the coming into operation of this Act in any Town it shall, as regards such Town, be incorporated with the Act or Acts in force therein relating to the powers and duties of the Town Commissioners, 80 LIBEAKY ASSOCIATION SERIES. ADDITIONAL POWERS OBTAINED BY LOCAL ACTS. Further powers in addition to those contained in the Public Libraries Ads have been obtained by Local Acts in many towns. The following extracts are published by the courtesy of the Town Clerks of Manchester and Sheffield, and may be serviceable : THE MANCHESTER IMPROVEMENT ACT, 1871. 34 AND 35 VICTORIA, CAP. LXV. (LOCAL.) Power to make Bye-Laws as to Libraries, <&c. 17. The Corporation may from time to time make bye-laws for all or any of the following purposes relating to the present or any future Public Library, Museum, or place of instruction, for the time being belonging to, or vested in, or under the control of the Corporation : For regulating the days on and hours at which the same shall be opened and closed, and for regulating the conduct of persons frequenting the same, and for protecting the same, and the books, maps, plans, newspapers, and other articles and matters, fixtures and fittings therein or thereto belonging, from injury or destruction : For enabling the servants of the Corporation to exclude or remove therefrom idle or disorderly persons, or persons not using such place for the purpose for which the same is intended, or being guilty of a breach of any bye-law relative thereto, or of any public law : For imposing penalties upon any person improperly obtaining, re- taining, or disposing of any book, newspaper, or other article therefrom, or neglecting or refusing compliance with the terms of any guarantee or other document signed by him in relation thereto. Further Provisions as to such Bye-Laws. 18. The Corporation may, in and by any such last-mentioned bye-law, impose a penalty, for any offence, not exceeding five pounds, and for a con- tinuing offence not exceeding that sum for every day during which the offence may continue ; provided always that such bye-laws be so framed as to allow the justices before whom any penalty imposed may be sought to be recovered to order the whole or part only of such penalty to be paid. No such bye-law (except such as may relate solely to officers and servants of the Corporation) shall be valid or binding unless the same may be made and published and submitted to one of Her Majesty's principal Secretaries ADDITIONAL POWEES OBTAINED BY LOCAL ACTS. 81 of State, in the manner prescribed by the Act passed in the fifth and sixth years of the reign of his late Majesty King William the Fourth, intituled " An Act to provide for the Regulation of Municipal Corporations in Eng- land and Wales". Bye-laws under the foregoing provisions have been duly made, of which the following is a copy : BYE-LAWS OF THE PUBLIC FREE LIBRARIES. CITY OF MANCHESTER. The Mayor, Aldermen, and Citizens of the City of Manchester, in the County of Lancaster, being assembled in Council in the Town Hall, in the said city, on Wednesday, the 3rd day of September, 1871, and more than two-thirds in number of the whole Council being present, do hereby, in pursuance of "The Manchester Improvement Act, 1871," make the follow- ing Bye-laws : 1. In construing these Bye-laws the word "Library" shall mean any and every Public Free Library for the time being, belonging to, or vested in or under the control of the said Council, and the several rooms, passages, and staircases thereof, and the word " Librarian" shall include the principal Librarian and his assistants, and the word "Book" shall include news- papers, pamphlets, pictures, engravings, maps, plans, and other articles of a like nature ; and all words importing the masculine gender shall be deemed and taken to include females, and the singular to include the plural, and the plural the singular. 2. Every such Library shall be open to the public gratuitously daily throughout the year, with the Exception of Christmas Day, Good Friday, and such other days, if any, as the Libraries' Committee of the said Council shall direct, and during such hours as the said Committee shall direct. No person shall enter or remain in any Library except whilst it is open to the public as aforesaid. 3. No person who is in a state of intoxication, or is uncleanly in person or dress, or who is suffering from an infectious or offensive disease, shall be admitted or allowed to remain in any Library. No person shall be allowed to lie on the benches or chairs, or to sleep in any Library, or to interfere with the arrangements for conducting it, or with the comfort of the readers therein, or to use the same for any purpose for which it is not intended. No conversation shall be permitted in any Library. No person shall partake of refreshments, or smoke, spit, strike matches, or bring a dog into any Library. The admission of persons under 14 years of age to any Reading Room shall be in the discretion of the Librarian. 4. No person shall pass within the enclosures of any Library or take any book from the shelves. 6 82 LIBRARY ASSOCIATION SERIES. 5. Every person desiring to read books in any Library shall write his true name and place of abode, and the title and number in the catalogue of the book required by him, on a ticket provided for that purpose, which is to be delivered to the Librarian ; and shall, before leaving the room, return such book into the hands of the Librarian, and shall not, under any circumstances, take the same out of the room. 6. Books will be lent from the lending department of each Library to an elector of Manchester or Salford, on his signing a voucher in the presence of the Librarian, or to a non-elector upon the production of a voucher for the safe return of the books, signed by a person enrolled on the List of Citizens of Manchester, or on the List of Burgesses of Salford, or on the Parliamentary Lists of Manchester or Salford, such vouchers to be on the forms provided for the purpose. 7. Any person who shall deliver, or permit to be delivered, to the Librarian, any voucher which shall not have been actually signed by the citizen, burgess, or elector by whom it purports to have been signed, or some person duly authorised by him, or wherein any false statement is made, shall be subject to a penalty not exceeding 5 ; and any person not being the intending borrower named in any voucher, or authorised by him, who shall attempt to use the same, shall be subject to the like penalty. 8. In exchange for the voucher above mentioned the Librarian will deliver to the applicant a borrower's card, which must be produced on every application for a book. (Any person who is not named in the said card, or authorised by him, who shall make use of the same for the purpose of obtaining a book or books, shall be liable to a penalty not exceeding <5). The lending register of any Library shall be sufficient evidence that the book therein named has been lent to the person whose name is written opposite the same on the date therein specified. 9. No person shall be eligible to borrow books from more than one lending department at the same time ; but any borrower who has con- formed to these Bye-laws may have his card transferred from one lending department to another. No person shall have more than one borrower's card, nor be allowed more than one book or set of books, at the same time. 10. Every person taking out a book from any lending department under the foregoing regulations must return the same within the period specified on the label of such book, and must, whether such period has expired or not, return the same in accordance with any public notice calling in books posted in the Library from which the same shall have been borrowed. 11. If any book be not returned in accordance with the regulations herein contained, or if it be returned torn, cut, soiled, written in, or with leaves turned down, or otherwise injured, the borrower shall pay to the Committee such a sum of money as will replace such book or the set of ADDITIONAL POWERS OBTAINED BY LOCAL ACTS. 83 books to which it belongs, or be a full compensation for the damage or loss sustained by the Library. If the borrower shall not make such payment, the citizen, burgess, or elector whose name is subscribed to such voucher shall, on demand, pay to the Committee such sum of money as aforesaid. When a new copy of a book or set of books has been provided in lieu of that or those injured, the person at whose cost the same shall have been so provided will be entitled to the damaged copy or remaining volumes, each volume being stamped "Sold from the Manchester Public Free Libraries". Books stolen or lost shall continue the property of the Council, although replaced or paid for. 12. Any person suffering from an infectious disease who shall borrow, read, or use any book from any Library, or any person having a book from any Library who shall permit the same to be used by any one suffering from an infectious ' disease, shall be liable to a penalty not exceeding ^5. 13. Any person selling, pledging, pawning, or disposing of, or puchasing or advancing money upon any book, newspaper, or other article, from any Library, or attempting so to do, shall forfeit and pay a penalty not exceed- ing ^65. 14. No person shall write upon any book, or shall soil, damage, mutilate or deface such book, or the walls or windows of any Library, or the furniture or fittings thereof, or any property of the Council connected therewith. - 15. Any person offending against the foregoing Bye-laws may (whether or not he has been convicted before Her Majesty's Justices of the Peace in respect of such offence) be excluded from the use of every Library for such period as the said Committee may determine. 16. The Librarians, and any police constable instructed by them, may exclude or remove from any Library all idle or disorderly persons who are not using such place for the purpose for which it is intended, or who have in the opinion of such Librarians, been guilty of a breach of any of these Bye-laws or of any public law. THE SHEFFIELD CORPORATION ACT, 1890. Part III. Museums, Art Galleries, &c. Powers of Gorporation as to Museums, &c. 11. In respect of the Mappin Art Gallery, the St. George's Museum, and any other Museum, Art Gallery, or other like institution for the time being under the control of the Corporation, whether under the Public Libraries (England) Acts, 1855 to 1889 or otherwise, the Corporation shall have power from time to time : (a) To make rules and regulations for the use of the said institutions by students and others, and for the adni-Jsn^ of the public thereto : 84 LIBRARY ASSOCIATION SERIES. (&) To fix and to demand and receive fees and charges for instruction, admission to lectures and special exhibitions, on such days and occasions as the Corporation may determine. Provided that nothing in this Act shall empower the Corporation to receive any fee or make any charge in respect of the Mappin Art Gal- lery, and that the days on which the public shall be admitted free of charge to any other Art Gallery or Museum under this Section shall not be less than two hundred and fifty days in every year : (c) To let any room for the purpose of an exhibition or entertainment. Expenses of Museums. 12. (1) Any fees or charges received by the Corporation in respect of any such Museum or Institution, as aforesaid, shall be applied by them towards defraying the expenses of such Museum or Institution. (2) So far as such expenses are not so defrayed, they shall be met by the Corporation out of the rate applicable within the Borough to the execution of the Public Libraries (England) Acts, 1855 to 1889. Provided that no expenditure shall be so met by the Corporation unless an estimate of the same has been previously submitted td and approved by the Corporation. Limit of Library Rate Extended. 13. In order to provide for the proper maintenance of the Mappin Art Gallery and St. George's Museum, and for the better and more effectually carrying into execution the powers and duties of the Corporation under the Public Libraries (England) Acts, 1855 to 1889, those Acts shall be read and have effect as if the limit thereby imposed on the amount author- ised to be paid out of or levied by a rate were extended so as not to exceed the sum of twopence in the pound. CASES DECIDED UNDER THE REPEALED ACTS. Beg. v. Mayor of Portsmouth (1876). A meeting was convened to consider the adoption of the Act. The Mayor, not acquainted with the fact that the old provision requiring a two-thirds vote had been repealed and the decision of a simple majority substituted, certified that the Act had not been adopted ; whereupon a rule absolute was made for a mandamus commanding him to vary his certificate and declare that the Act had been duly adopted. (Times, Jan. 25, 1876.) Reg. v. St. Matthew, Bethnal Green Vestry (1875). A poll may be demanded by the party defeated on the show of hands on the question whether -the Act shall .^PJ^^ opted. The right to demand a poll is a. MISCELLANEOUS MATTEKS. 85 necessary incident to the mode of election by show of hands whenever it is not excluded by special custom ; and a mandamus was refused to compel the Vestry to carry out a resolution passed after refusal of a poll. (32 L. T. 558 [Donovan v. St. M.] 39 J. P. 502.) Beg. v. Wimbledon Local Board (1882). Any qualified person present at a meeting convened under Section 6 may, after a show of hands, demand a poll, and the common law right to do this is not affected by the Public Libraries Amendment Act, 1877 (which provided that voting papers might be used to ascertain opinions of voters). (51 L. J. Q. B. 219 ; L. R. 8 Q. B. D. 459 ; 46 L. T. 47 ; 46 J. P. 292.) MISCELLANEOUS MATTERS. BEQUESTS. Smee v. Smee and Brighton Corporation. Bequest in favour of a Free Public Library held void on the ground that testator was of unsound mind when he made the will (49 L. J., P. D. A. 8 ; L. R., 5 P. D. 84 ; 44 J. P. 220). Harrison v. Southampton Mayor. 8 and 9 Viet., c. 43, extended by 13 and 14 Viet., c. 65 [and further extended by 18 and 19 Viet., c. 70]. A statute authorising a devise of land for a public purpose will be taken to include a bequest of money for the purchase of land. The court will put a liberal construction on an Act which legalises the gift of property for laudable purposes (23. Jj. J. Ch. 9. 19. 2Sm. and G. 387. 23 L. T. (0. S.) 330). The following form of bequest may be useful : I BEQUEATH the sum of to the [Mayor, Aldermen, and Bur- gesses acting by the Council of the Borough of , or the Local Board for the District of , or the Free Library Commissioners of , or as the case may be] to be applied by such [Council or Board or Commissioners] for the purposes of the Free Library and Museum, or either of them, and I direct that such sum shall be paid, free of legacy duty, out of such part of my personal estate as may be legally applied for such purposes, and I declare that such sum may be paid to the Treasurer for the time being of the said [Council or Board or Commissioners], whose receipts shall be a valid discharge of the same. See the Mortmain and Charitable Uses Act, 1888, page 151. DISORDERLY CONDUCT AND OBSCENE LANGUAGE. Proceedings have been taken at Nottingham for using obscene language on the assumption that the reading-room was a public place within the 86 LIBRARY ASSOCIATION SERIES. meaning of the word "street" in the Towns' Police Clauses Act, 1847, and a conviction was obtained. The case of Regina v. Wellard (14. Q. B. D. 63. 49. J. P. 296) may be consulted as to what is a " public place ". " Proceedings have been taken at Richmond against a man who was given into custody and charged with being drunk and disorderly in a public place under the Licensing Act, 1872 (35 and 36 Viet, c. 94, s. 12), resulting in a penalty of 20s. and costs, and in another case proceedings have been taken there under a Metropolitan Act (2 and 3 Viet., c. 47, s. 54, clause 13), where the defendant was also convicted. The librarian has favoured the Editor with a copy of the " information" in the latter case, in which the offence is set out as follows : "... did unlawfully use insulting behaviour in a public place to . . . whereby a breach of the peace might have been occasioned contrary to the form of the statute in such case made and provided ". THEFT. It may become necessary to take proceedings for larceny. The offenders may be given in charge. At Stoke-on-Trent such proceedings were taken against a man for stealing thirty-seven engravings. The prisoner was com- mitted to gaol for one month with hard labour. At Stafford two youths broke into a case of coins and stole several ; they were both convicted. Similar proceedings have been taken at Chester and other places. At Watford a youth was indicted at the Assizes for stealing a magazine and sentenced to two months' imprisonment with hard labour. At Man- chester several successful prosecutions have been taken for thefts from the Free Libraries. FALSE PRETENCES " LOITERING IN THE LIBRARY FOR A FELONIOUS PURPOSE." The following extract from The Manchester City News of Saturday, May 2, 1874, is given in extenso by the courtesy of the Town Clerk : Alleged Fraud at the Free Library. On Saturday last Mr. Talbot, Assistant Town Clerk, attended the City Police Court to prosecute J G -, a militiaman, for obtaining a book under false pretences from the Free Library, Camptield. Mr. Talbot said the circumstances of the case were these : By filling up a ticket with their name and address any person could obtain a book to read in the Library, and in June last a volume of the Illustrated London News was so obtained by a person who filled up a ticket with the name of Henry Gordon. That book was not returned, and is still missing. On the 22nd of April in this year a volume of Fun was taken out by a person who gave the name of William Brooks, 49 Travis Street, and on Friday last the prisoner came and asked for a volume of Fun in the MISCELLANEOUS MATTERS. 87 name of Alfred Fordham, 42 Lombard Street. The librarian, not feeling satisfied, went to Lombard Street, but could find no such house, and therefore gave the man into custody on returning to the Library. The librarian would swear that as far as he was able to judge the handwriting on the tickets referred to, was identical, and he (Mr. Talbot) apprehended that if the Court believed that the prisoner obtained a book by giving a false name it might be fairly assumed that he went to the Library for an unlawful purpose. Mr. Headlam said the prisoner did not get the book on the strength of the name. Mr. Talbot : That may be so ; but does it not alter his position from a lawful to an unlawful one ? I think a jury would feel so. Mr. Headlam : A jury might think he was the man who got the other volumes. Mr. Talbot : If you are satisfied the handwriting on the tickets is the same, there will be a case you might deal with summarily. The librarian gave evidence in support of Mr. Talbot's statement ; and, in reply to Mr. Headlam, prisoner said he was a labourer out of work, and had no settled residence. He belonged to the 7th Lancashire Militia stationed at Bury. Mr. Headlam said the charge of false pretences was not sustained, but he could convict the prisoner under the Vagrant Act for loitering in the Library for a felonious purpose, and for that offence he should send him to prison for three months. A GENERAL SUMMARY OF THE ACTS RELATING TO PUBLIC LIBRARIES, MUSEUMS, AND SCHOOLS OF ART AND SCIENCE. I. 8 and 9 Viet., c. 43. An Act for encouraging the establish- ment of Museums in large towns. [21st July, 1845.] TOWN COUNCILS in towns of 10,000 population might erect Museums of Art and Science. An entrance fee of one penny might be charged, and fees used for payment of salaries and establishment expenses. An annual rate of one halfpenny in the pound could be levied to defray cost of land and buildings. Eepealed by 13 and 14 Viet., c. 65 [II.]. NOTE. [The consent of the ratepayers was not required.] II. 13 and 14 Viet., c. 65. An Act for enabling Town Councils to establish Public Libraries and Museums. [14th August, 1850.] Eepealed I. Allowed the establishment of Libraries and Museums of Art and Science together or separately. Mayor, on request of Town Council, to ascertain whether Act should be adopted by a poll of BURGESSES taken at places to be appointed by declarations for or against. Two-thirds majority required for adoption. Same population and rate limit as in I. Abolished entrance fees. No provision made for buying specimens or books. Applied only to Municipal Boroughs in England. Council might delegate their powers to a Committee. Kepealedby 18 and 19 Viet., c. 70 [VII.]. III. 16 and 17 Viet., c. 101. An Act to extend the Public Libraries Act, 1850, to Ireland and Scotland. [20th August, 1853.] Extended the operation of II. to Ireland and Scotland. Eepealed as to Scotland by 17 and 18 Viet., c. 64 [IV.]. Amended by 17 and 18 Viet., c. 103, s. 99 [V.]. Eepealed by 18 and 19 Viet., c. 40 [VI.]. GENERAL SUMMARY. 89 IV. 17 and 18 Viet., c. 64 [Scotland]. An Act to amend an Act of the last Session for extending the Public Libraries Act, 1850, to Ireland and Scotland. [31st July, 1854.] Eepealed III. as to Scotland. Adoption might be by two- thirds majority vote at public meeting of 10 occupiers, but poll might be demanded. Poll to be open one day, and two-thirds majority required. Bate up to a penny limit allowed. Separate accounts open to public inspection must be kept. " Land Clauses Consolidation Act (Scotland), 1845," incorporated. Lands, &c., might be appropriated, purchased, or rented, or sold or exchanged. Books, maps, and specimens might be bought. Admissions to be free of charge. Amended by 29 and 30 Viet., c. 114 [IX.]. Eepealed by 30 and 31 Viet., c. 37 [X.]. V. 17 and 18 Viet., c. 103. An Act to make better provision for the paving, lighting, draining, cleansing, supplying with water, and regulation of towns in Ireland. [10th August, 1854.] This is known as the "Towns Improvement Act (Ireland)". Town Commissioners under Section 99 might exercise the powers of Town Councils under II. and III. This Act did not apply to Dublin, Cork, Limerick, Londonderry, and Belfast. Eepealed (as to Section 99) by 18 and 19 Viet., c. 40 [VI.]. VI. 18 and 19 Viet., c. 40. An Act for further promoting the establishment of Free Public Libraries and Museums in Ireland. [26th June, 1855.] Eepealed III. and Section 99 of V. This is the principal Act for Ireland. See the text with subsequent modifications printed above. Town Council or Board of Municipal Commissioners might call a public meeting of householders. Two- thirds majority required for adoption. Expenses to be paid out of Borough or Town Fund. Distinct accounts are to be kept open to inspection, audited, and a copy sent to the Lord Lieutenant. Town Commissioners to be a body corporate under this Act, and hold and dispose lands. Limit of rate, one penny. Approval of Treasury needed for appropriation of lands for building, &c., and for sale or exchange of lands. " Land Clauses Consolidation Act, 1845," incorporated, and no lands to be taken except by 90 LIBRARY ASSOCIATION SERIES. agreement. General management vested in Council or Board or Town Commissioners. Amended by 40 and 41 Viet., c. 15 [XIII.]; 40 and 41 Viet., c. 54 [XIV.] ; and 47 and 48 Viet., c. 37 [XV.]. VII. 18 and 19 Viet., c. 70. An Act for further promoting the establishment of Free Public Libraries and Museums in Municipal Towns, and for extending it to Towns governed under Local Improvement Acts and to Parishes. [30th July, 1855.] Eepealed II. This was until 1892 the principal Act for England. (1) In places of more than 5000 population a Town Council or District Board might authorise a public meeting of burgesses or ratepayers, and a two- third vote of those present determined the adoption of the Act. Expenses were paid out of the Borough Fund or Improvement Bate. (2) In Parishes of 5000 population overseers, on requisition of ten ratepayers, might call a meeting, and two-thirds vote determine adoption by the Parish. If the population were 8000 a poll might be demanded by ten ratepayers. The Vestry appointed three to nine Commissioners, who were a body corporate, one-third retiring annually. They met monthly ; two a quorum. Minutes signed by two were taken in evidence. Accounts were to be kept and annually audited. Expenses to be paid out of a rate levied in like manner as a Poor Kate. Certain agricultural and horticultural lands were subject to one-third of assessment. Vestries of adjoining Parishes might co-operate in adoption and execution of the Act. Penny limit of rate. Accounts were to be open to inspection. Similar regulations to VI. as to borrowing powers, lands, buildings (including buildings suitable for Schools of Science and Art). " Companies Clauses Consolidated Act, 1845," incorporated. General management vested in Council or Board or Committee thereof (who need not be members), or in Commissioners. (3) Case of the City of London, special. Libraries and Museums were to be free. Amended by 29 and 30 Viet., c. 114 [IX.]; 34 and 35 Viet., c. 71 [XII.], 40 and 41, c. 54 [XIV.] ; 50 and 51 Viet., c. 22 [XVI.] ; 52 Viet., c. 9 [XIX.] ; 53 and 54 Viet., c. 68 [XX.]. Eepealed so far as relates to Scotland by 50 and 51 Viet., c. 42 [XVIII.]. Repealed by 55 and 56 Viet., c. 53 [XXI.]. GENERAL SUMMARY. 91 VIII. 28 and 29 Viet., c. 108. An Act to confirm certain pro- visional orders under " The Local Government Act, 1858," relating to the Districts of Nottingham, Eusholme, Ply- mouth, Eedcar, Cardiff, Kingston-upon-Hull, Guildford, Ramsgate, Eyde, Workington, and Oxford, and for other purposes relative to certain Districts under the said Act. [5th July, 1865.] This is called " The Local Government Supplemental Act, 1865 (No. 5) ". Section 22 provides " that the custody, care, and management of the Public Library in the City of Oxford shall be vested in the Local Board ". IX. 29 and 30 Viet., c. il4. An Act to amend the Public Libraries Act. [10th August, 1866.] Eepealed Section 15 of VII. as to Municipal Boroughs, and Section 5 of same Act, except as to keeping distinct accounts. Expenses in Municipal Boroughs were to be paid out of Borough Eate, except in Oxford (see VIII.) ; and in same places a meeting might be called on request of ten ratepayers, as well as by the Council. Parish of any population might co-operate in execution of the Act with an adjoining Borough, District, or Parish. Ma- jority of more than one-half determined adoption. Population limit removed in all cases. Eight to demand poll withdrawn. After negative vote a new meeting might be held after one year. Parts of " Companies Clauses Consolidation (Scotland) Act, 1845," incorporated. Museum might add Library, or Library, Museum, without further proceedings. Eepealed so far as relates to Scotland by 30 and 31 Viet., c. 37 [X.]. Amended by 47 and 48 Viet., c. 37 [XV.]. Eepealed by 55 and 56 Viet., c. 53 [XXI.]. X. 30 and 31 Viet., c. 37. An Act to amend and consolidate the Public Libraries Acts (Scotland). [15th July, 1867.] Eepealed IV. and IX. so far as related to Scotland. Public meeting might be called at request of ten householders. A majority vote determined adoption. Expenses charged on the Police Eate (with a special proviso for Glasgow). Limit of rate, inclusion of Clauses Acts, provisions as to borrowing (loan limited to thirty years), property, general management, nearly as in 92 LIBRARY ASSOCIATION SERIES. previous Acts. Committee was to consist of ten members of Board or Council and ten non-members, and to be elected annually ; to meet once in three months, except in Parishes ; three to be a quorum. After rejection no meeting to consider adoption under two years. Museum or Art Gallery might be added to a Library without further proceedings. Amended by 34 and 35 Viet., c. 59 [XL] ; 40 and 41 Viet., c. 54 [XIV.] ; and 47 and 48 Viet., c. 37 [XV.]. Repealed by 50 and 51 Viet., c. 42 [XVIII.]. XL 34 and 35 Viet., c. 59. An Act to amend "The Public Libraries (Scotland) Act, 1867," and to give additional facilities to the local authorities entrusted with carrying the same into execution. [31st July, 1871.] Eepealed Sections 7 and 8 of X. (relating to borrowing powers). Incorporated parts of the " Commissioners Clauses Act, 1847 ". Powers of borrowing limited to a quarter part of rate capitalised at twenty years' purchase. One-fiftieth part of borrowed money to be put annually into a sinking fund for extinction of loans. Annual estimates in advance to be made out. Annual rate not to exceed one penny on the yearly rental. Accounts to be audited and published annually. Power to make bye-laws given. Penalties and forfeitures to be recovered by an ordinary small debt action, and all actions to be brought in the name of the clerk. Provision made as to supplying vacancies on the Committee. Power given to lend out books, to make and issue catalogues, and to issue books to certain institutions. Eepealed by 50 and 51 Viet., c. 42 [XVIII.]. XII. 34 and 35 Viet., c. 71. An Act to amend the Public Libraries Act, 1855. [14th August, 1871.] Local Boards under " Public Health Act, 1848," and "Local Government Act, 1858," might carry into execution the Acts. They were exempt from the regulations in Section 15 of VII., so far as refers to the " Towns Improvements Clauses Acts, 1847," and might borrow upon mortgage of District Kate, or separate rate. Not applicable where boundary of Local Board District overlapped or was included in Municipal Borough or Improvement Act District. Repealed by 55 and 56 Viet., c. 53 [XXI.]. GENERAL SUMMARY. 93 XIII. 40 and 41 Viet., c. 15. An Act to amend the Public Libraries Act (Ireland), 1855. [28th June, 1877.] Allows the establishment of Schools of Music. Non-members of Council or Board and others than Commissioners may serve on the Committee. Gives power to borrow on mortgage of Borough or Town Fund, or rates levied under the Act. In- corporates part of the " Companies Clauses Consolidation Act, 1845 ". XIV. 40 and 41 Viet., c. 54. An Act to amend the Public Libraries Acts. [14th August, 1877.] Provides alternative method of adoption by " voting papers," and for the limitation of the rate below one penny where rate- payers vote to that effect. Repealed, so far as concerns England and Wales, by 53 and 54 Viet., c. 68 [XX.]. XV. 47 and 48 Viet., c. 37. An Act to amend the Public Libraries Acts. [28th July, 1884.] Provides that Library authorities may accept Parliamentary grants in aid from the Committee of the Privy Council on Edu- cation for purposes connected with the teaching of Science and Art. Makes clear that buildings may be erected for Public Libraries, Public Museums, Schools for Science, Art Galleries, Schools for Art, or for any or more of these objects. Where the Acts have been adopted for one of these purposes, others can be carried out without further proceedings. Repeals Sections 10 of IX. and 17 of X. Repealed, so far as concerns Scotland, by 50 and 51 Viet., c. 42 [XVIII.]. Repealed, so far as concerns England and Wales, by 55 and 56 Viet., c. 53 [XXI.]. XVI. 50 and 51 Viet., c. 22. An Act to amend the Public Libraries Acts. [8th August, 1887.] Did not apply to Scotland, Ireland, or City of London. Allowed establishment of a Lending Library " without providing any separate building, and in a building or room not appropriated for the purposes of the Act, or erected, purchased, or rented by the 94 LIBRARY ASSOCIATION SERIES. Library authority". Eepealed Section 15 of VII., so far as incorporation of " Towns Improvement Clauses Act, 1847 ". Incorporates Sections 233, 234, 236, to 239 inclusive of the "Public Health Act, 1875," mutatis mutandis. This placed the Library Authority on a footing with the Urban Sanitary Authority as to borrowing. Section 17 of VII., as to incorporation of parts of the "Companies Clauses Consolidation Act, 1845," repealed. Transferred powers and duties of the Treasury under the English Library Acts to the Local Government Board. In a Parish partly included in a Borough or District, the part without was to be deemed a separate Parish for the purposes of IX. In the Metro- polis power was given to a District under the "Metropolis Manage- ment Act, 1855," to adopt on the same lines as a Parish, and Sections 8, 9, 15, 21, and 22 of VII. amended accordingly ; also Sections 13 and 14 were amended to suit Metropolitan District arrangements. Precautions prescribed in cases where a Parish that had previously adopted the Acts was included in a District. Where a District has adopted the Acts no included Parish could take proceedings as to adopt without consent of the Local Government Board. Amended by 53 and 54 Viet., c. 68 [XX.]. Eepealed by 55 and 56 Viet., c. 53 [XXI.]. XVII. 50 and 51 Viet., c. Ixxxv. An Act to provide for the levying of the assessments under the Public Libraries (Scotland) Acts in the City of Edinburgh, and for other purposes. [5th July, 1887.] Amends the general Acts, to harmonise with certain local Municipal and Police Acts. This Act is referred to in XVIII. XVIII. 50 and 51 Viet., c. 42. An Act to amend and consoli- date the Public Libraries (Scotland) Acts. [16th Sept., 1887.] Eepeals previous Library Acts, so far as they concern Scotland. This is the principal Act for Scotland, and has not been amended (for the text see above). On requisition of the Magistrates and Council in any Borough, or of ten householders in any Parish or Borough, the opinions of the householders must be ascertained as to adoption of the Act : in places of more than 3000 population GENERAL SUMMARY. 95 by voting papers ; in other places that way, or by public meeting. A majority determines. No new effort under two years. Expenses to be paid, in a Burgh, out of the Burgh general assessment ; in a Parish, out of the assessment for the relief of the poor, or by a rate levied for the purpose ; but, if adopted, in any case out of the Library Eate, which is authorised to be levied, but may not exceed one penny in the pound of yearly rent. Where any Act allows differential rating on lands or premises, it is not to apply to the Library Eate. Accounts are to be open, and published annually. Lands, &c., may be appropriated, purchased, or rented. Parts of the " Lands Clauses Consolidation (Scotland) Act, 1845," are incorporated. Lands may be sold or exchanged. Property vested in Magistrates, &c., and Boards. The authority may borrow on mortgage or bond on the security of the rate a sum not exceeding a quarter part of the Library Eate capitalised at twenty years' purchase. One-fiftieth part of the money borrowed is to be set aside annually as a sinking fund for extinction of loans. Parts of the " Commissioners Clauses Act, 1847," are incorporated. Power given to accept Parliamentary grants in aid under certain conditions. Within a month of adoption, and year by year, a Committee of from ten to twenty members, half of whom shall be Magistrates, or Councillors, or members of the Board, shall be appointed ; three shall be a quorum. Provision made for supplying vacancies on the Committee. In Burghs meetings must be once in three months, or oftener ; in Parishes as often as necessary. Election of a Chairman of Committee required. Powers of the Committee detailed. The Committee may make bye-laws, and such bye-laws shall be approved of by the Magistrates and Council, or Board, and approved and con- firmed by the Sheriff of the County. Bye-laws must be published before confirmation, and exhibited for a month previous in the office, libraries, and museums. A free printed copy must be given to everybody applying for it. They shall be in force when confirmed. Written or printed copy of the bye-laws, signed by the Sheriff, or having the common seal of the Committee and signature of Chairman, when not requiring confirmation (that is, when they relate solely to the officers and servants of the Committee), shall be evidence in all cases for prosecution as to their existence, &c. Penalties and forfeitures are recoverable by an ordinary small debt action in the name of the Clerk to the 96 LIBRARY ASSOCIATION SERIES. Committee before the Sheriff or Justices of the District. The Clerk to the Committee will represent the Committee in all actions for or against them. Estimates in advance are to be made up annually. Power given to add to the institutions already established any of the following : Library, Museum, School for Science and Art, School for Science, School for Art, and Art Gallery, without further proceedings. All Libraries, Museums, or Art Galleries are to be open to the public free, and no charge is allowed for the loan of books or magazines for home reading. XIX. 52 Viet., c. 9. An Act to amend the Public Libraries Act, 1855. [31st May, 1889.] Eepeals Section 13 of VII. Provided that expenses be paid out of a rate raised with and as part of the Poor Bate, and makes an allowance of two-thirds of the sum assessed in respect of lands for agricultural and horticultural purposes. Bodies of Commis- sioners separately appointed might co-operate by agreement to carry out the Acts in adjoining Parishes. Amended by 53 and 54 Viet., c. 68 [XX.]. Eepealed by 55 and 56 Viet., c. 53 [XXI.]. XX. 53 and 54 Viet., c. 68. An Act to amend the Public Libraries (England) Acts. [18th August, 1890.] Kepealed part of Section 8 of VII. and Section 23 of VII., the whole of XIV., and Section 11 of XVI. Voters were to be on the electoral roll. Adoption by voting papers only. Maximum rate in District, or any defined portion thereof, might be fixed by vote at one halfpenny or three farthings in the pound, and may be subsequently raised by vote, but not beyond one penny. Pro- cedure by voting papers detailed. Had to be one year's interval between taking of vote on questions. Adoption for larger area excluded adoption for smaller area. Section 3 of XIX. was extended to allow of co-operation with the governing body of any endowed Library under the Charity Commissioners. Power given to grant charity lands for Library purposes. Section 18 of VII., as to appropriation of lands for library purposes, extended to Metropolitan Parish Vestries and District Boards of Works. Bepealed by 55 and 56 Viet., c. 53 [XXI.]. GENERAL SUMMARY. 97 XXI. PUBLIC LIBRAEIES ACT, 1892, 55 AND 56 VICT., CAP. 53. SUMMARY OF THE ACT. The References are to the Text of the Act printed above. SECTION The ADOPTION of this Act in any Library District in England and Wales is permissive .... 1 A LIBRARY DISTRICT is (i.) An Urban District (i.e., a Municipal Borough, 1 (2) Improvement Act District, or Local Go- vernment District) 27 (ii.) A Parish not within (i.), or the part of a Parish external to (i.) 1 (2)(3) (iii.) The City of London 21 or(iv.) A District in Schedule B of Metropolis Management Act, 1855, or any amending Act 22 The MAXIMUM RATE is limited in (i.), (ii.), and (iv.) to 2 (1) one penny in the pound, and may be still further 2 (2) limited by voters' decision to three farthings or one 22 (3) halfpenny. There is no limit in (iii.). Nothing in 21 (4) this Act may alter the limit fixed by any local Act . 29 A POLL of the voters may be taken with respect to (a) The adoption of the Act (b) The fixing, raising, and removing of any limitation on the maximum rate (c) The opinion of the voters on any matter to which their consent is necessary . . 3 by (i.) The Mayor of a Borough . . . 3 (6) (ii.) The Chairman of the Urban Authority . (Iii.) The Overseers of a Parish .... (iv.) The District Board in a Metropolitan District 22 (1) or (v.) The Mayor of London 21 (2) in cases (ii.), (iii.), (iv.), on the requisition of ten or more voters 3 (2) in case (i.), on the requisition of ten or more voters, or that of the Council 3 (1) in case (v.), on the requisition of the Common Council 21 (2) 7 98 LIBRARY ASSOCIATION SERIES. SECTION Every question is to be decided by the majority of answers to that question . . . . . . 3 (4) A second poll cannot be taken within a year . . 3 (5) The LIBRARY AUTHOEITY to carry out the Act is (i.) In an Urban District, the Urban Authority (i.e., the Town Council, the Improvement Com- missioners, or the Local Board) ... 4 (ii. and iii.) In a Parish or Metropolitan District, 4 (5) the Commissioners for Public Libraries and Museums 22 (2) (iv.) In the City of London, the Common Council 21 (1) COMMISSIONERS are appointed by the Vestry of a Parish, or the District Board of a Metropolitan District, and 5 (1) consist of not less than three nor more than nine 22 (2) voters in the Parish or District. They are a body corporate, with perpetual succession, common seal, 5 (2) &c. On their first appointment they are to divide into three classes as nearly equal as possible, and 6(1)(2) retire in order at the end of the first, second, and third year respectively. The number is to be made up by new Commissioners appointed or re-appointed by the Vestry or Board for three years. Casual 6 (3) vacancies are to be filled up by the Vestry or Board 6 (4) MEETINGS of Commissioners are to take place once a month or oftener. Two to form a quorum. Any Commissioner may, by three days' written notice, summon a meeting to consider business specified on the notice. A minute book of orders and proceedings 7 must be kept ........ 8 Where the Act is adopted in two or more neighbouring Parishes or Districts, VESTRIES OR BOARDS MAY COMBINE to carry out the Act and agree as to the proportion of expenses payable by each Vestry or 9 (1) District, and each may elect not more than six 9 (2) Commissioners to form one body of Commissioners. 22 (2) [As to terminating the agreement, see below] . Where the Act is adopted, or the adoption contemplated, the voters may consent to their Parish or Metropolitan District being annexed to an adjoining or near Library GENERAL SUMMARY. 99 SECTION District ; and, subject to the consent of the Library Authority of that District, they shall FOEM ONE DISTKICT, and the Vestry or Metropolitan District 10 Board shall elect not more than six Commissioners 22 (2) The Library Authority MAY PROVIDE (i.) PUBLIC LIBRARIES. (ii.) PUBLIC MUSEUMS. (iii.) SCHOOLS FOR SCIENCE. (iv.) ART GALLERIES. (v.) SCHOOLS FOR ART. and for these purposes may PURCHASE OR HIRE LAND and erect, alter, or extend BUILDINGS, and furnish 11 (1) them. Where any of the institutions named have been established before or after the passing of this Act any other may be established without further proceedings . . . . . . . . 11 (2) No CHARGE can be made FOR ADMISSION to a Library or Museum, or for the use of a Lending Library, to the inhabitants of the District. A Library Authority may grant the use of a Lending Library to persons not inhabitants of the District either free or for payment . 11 (3) As to purchase of land, the Land Clauses Acts are to 12 (1) apply except as to purchases other than by agreement. An Urban Library Authority, with the sanction of the Local Government Board, may appropriate land vested in them for the purposes of the Act. Any Library Authority may sell, exchange, and re- 12 (2) purchase with same approval for same purpose ; or 12 (3) may let a house or building vested in them and apply the rents and profits for the purposes of the Act. 12 (4) Land (not exceeding one acre), held for following purposes, may be granted or conveyed (i.) Ecclesiastical, with the consent of the Ec- clesiastical Commissioners .... (ii.) Parochial, with the consent of the Local Government Board and by the Board of Guardians ....... (iii.) Charitable, with the consent of the Charity Commissioners ,,,,,, 100 LIBRARY ASSOCIATION SERIES. SHCTION and land taken in exchange or money received is to be held on the same trusts as the land exchanged or sold. No land held on trust as an open space is to be taken in London or any place of more than 20,000 13 (1)(2) population. Such land may be held without licence in mortmain. All land or other property acquired 13 (3) for the purposes of this Act is to be vested in the Library Authority 14 THE GENERAL MANAGEMENT, regulation, and control of every institution provided under the Acts is vested in the Library Authority, which may provide books, newspapers, maps, and specimens, and bind and repair them ; appoint and dismiss salaried officers, 15 (1) and make regulations for the safety and use of the institutions and the admission of the public : provided 15 (2) that an Urban Library Authority may delegate all or some of their powers to a Committee, members of which need not be members of the Urban Authority. 15 (3) The Commissioners in two or more Parishes, with the consent of the voters, may agree to share the expenses of a Library, &c., in one of the Parishes. 16 (1) The Library Authority may make a like agreement for joint use with the governing body of an endowed Library, Museum, School, or Art Gallery, or with the Charity Commissioners. [As to terminating 16 (2)(3) such agreements, see below.] The Library Authority may accept grants from the Department of Science and Art, and execute instruments relating to the same 17 The EXPENSES OF EXECUTION of the Act are to be DEFRAYED OUt of (i.) The Borough Fund or Borough Bate in a Municipal Borough, or a separate rate obtained in like manner . . . .18 (1), a (i. a) According to a special Act in Oxford . . 25 (ii.) A rate under the Public Health Act in an Urban District other than a Borough, or a separate rate obtained in like manner (iii.) A rate raised with and as part of the Poor Bate in a Parish. Two-third deduction 18 (1), c GENERAL SUMMARY. 101 must be made from the assessment of cultivated lands ..... (iv.) The funds of the District Board in a Metro- politan District, as if they had been incurred for the general purposes of the Metropolis Management Act, 1855 .... (v.) The Consolidated Kate levied by the Commis- sioners of Sewers in the City of London, or a separate rate levied in like manner In a Parish not combined with any other Parish the VESTRY MUST SANCTION and raise the amount of rate required from time to time ..... In a Parish or part of a Parish annexed to any Library District the rate must be raised as in a separate Parish, but the VESTRY'S SANCTION is NOT NECESSARY for raising sums due from the Parish for meeting expenses . . The Library Authority MAY BORROW MONEY with the sanction of the Local Government Board, and, in the case of Commissioners, with the additional sanction of the Vestry or District Board, under the Public Health Act, 1875, and the Public Works Loans Act, 1875 SEPARATE ACCOUNTS of receipts and expenditure must be kept and audited (i.) In the case of an Urban Library Authority, in the same way as prescribed for an Urban Authority by Public Health Acts (ii.) In the case of Commissioners, by a District Auditor under the District Auditors' Act, 1879 . Accounts must be open to inspection by ratepayers, and an authority or person preventing this is liable on summary conviction to a fine of 5 Separate adoption of this Act by a PARISH WITHIN A METROPOLITAN DISTRICT precludes voters from taking any part in subsequent proceedings for the adoption or execution of the Act in the District ; and in future no such Parish may adopt the Act independently of SECTION 22(3) 21(2) 18(2) 18(3) 19(1) 19(2)(3) 20(1) 20(2) 20(3) 22(5) 102 LIBRARY ASSOCIATION SERIES. SECTION the District, except by sanction of the Local Govern- ment Board . . 22 (6) ANY AGREEMENT under this Act may provide for an adjustment of interests upon its TERMINATION ; and in the event of a dispute arising, the Local Govern- ment Board will appoint any arbitrator to settle it . 24 A VESTRY MAY MEAN any body of persons legally acting as, or instead of, a Vestry, or the whole body of registered voters in vestry assembled. Other DEFINI- 26 TIONS are contained in Section 27. The Act is to 27 take effect from 1st October, 1892, and may be cited as the Public Libraries Act, 1892 . . . .31 Eepeals, so far as relates to England and Wales, 18 and 19 Viet., c. 70 [VII.] ; 29 and 30 Viet., c. 114 [IX.] ; 34 and 35 Viet., c. 71 [XII.] ; 47 and 48 Viet., c. 37 [XV.]; 50 and 51 Viet., c. 22 [XVI.]; 52 and 53 Viet., c. 9 [XIX.] ; 53 and 54 Viet., c. 68 [XX.] . 30 N.B. The text of other Acts relating to Technical Education, Museums, and Schools of Art and Science is given in full s at pages 103-129, 151 to end. XXII. PUBLIC LlBEAKIES (AMENDMENT) ACT, 1893. SECTION Principal Act may be adopted in an Urban District by a resolution of the Urban Authority and consent of voters unnecessary 2 Mode of adoption and publication of resolution . . 3 Power to two or more Library Authorities in Urban Districts to combine 4 TECHNICAL INSTEUCTION ACT, 1889. 103 TECHNICAL EDUCATION. The following is a copy of the Technical Instruction Act, 1889, which is inserted in view of the probable application by Free Library and Museum Committees to the " Local Authority" for a grant under this Act, or the Local Taxation (Customs and Excise} Duties Act, 1890, the provisions of which, so far as they relate to Technical Edu- cation, are also inserted : 52 AND 53 VICT., CAP. 76. An Act to facilitate the provision of Technical Instruction. 30th August, 1889. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Power for Local Authority to supply or aid the supply of Technical Instruction. 1. (1) A Local Authority may from time to time out of the local rate supply or aid the supply of technical or manual instruction to such extent and on such terms as the authority think expedient, subject to the fol- lowing restrictions, namely : (a) The Local Authority shall not out of the local rate supply or aid the supply of technical or manual instruction to scholars receiving instruction afc an elementary school in the obligatory or standard subjects prescribed by the minutes of the Education Department for the time being in force ; (6) It shall not be required as a condition of any scholar being admitted into or continuing in any school aided out of the local rate and receiving technical or manual instruction under this Act that he shall attend at or abstain from attending any Sunday school or any place of religious worship, or that he shall attend any religious observance or any instruction in religious subjects in the school or elsewhere: provided that in any school, the erection of which has been aided under this Act, it shall not be required, as a condition of any scholar being admitted into or continuing in such school, that he shall attend at or abstain from attending any Sunday school or any place of religious worship, or that he shall attend any religious observance or any instruction in religious subjects in the school or elsewhere ; (c) No religious catechism or religious formulary, which is distinctive of any particular denomination, shall be taught at any school aided 104 LIBRARY ASSOCIATION SERIES. out of the local rate to a scholar attending only for the purposes of technical or manual instruction under this Act, and the times for prayer or religious worship, or for any lesson or series of lessons on a religious subject, shall be conveniently arranged for the purpose of allowing the withdrawal of such scholar therefrom ; (d) A Local Authority may, on the request of the School Board for its District or any part of its District, or of any other managers of a school or institution within its District for the time being in receipt of aid from the Department of Science and Art, make, out of any local rate raised in pursuance of this Act, to such extent as may be reasonably sufficient, having regard to the requirements of the District, but subject to the conditions and restrictions contained in this Section, provision in aid of the technical and manual instruc- tion for the time being supplied in schools or institutions within its District, and shall distribute the provision so made in proportion to the nature and amount of efficient technical or manual instruction supplied by those schools or institutions respectively ; (e) Where such other managers of a school or institution receive aid from a Local Authority in pursuance of this Section, the Local Authority shall, for the purposes of this Act, be represented on the governing body of the school or institution in such proportion as will, as nearly as may be, correspond to the proportion which the aid given by the Local Authority bears to the contribution made from all sources other than the local rate and money provided by Parliament to the cost of the technical or manual instruction given in the school or institution aided ; (/) If any question arises as to the sufficiency of the provision made under this Section, or as to the qualification of any school or institu- tion to participate in any such provision, or as to the amount to be alloted to each school or institution, or as to the extent to which, or mode in which, the Local Authority is to be represented on the governing body of any such school or institution, the question shall be determined by the Department of Science and Art : Provided that no such provision, out of any rate raised in pursuance of this Act, shall be made in aid of technical or manual instruction in any school conducted for private profit ; and (